MAHER FOR CONGRESS

TERMS & CONDITIONS OF USE

 

Welcome to Maher for Congress’s website (“Website”) and thank you for reviewing our Terms and Conditions of Use. Maher for Congress makes this Website, including all information, documents, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms and Conditions of Use set forth below. The Terms and Conditions of Use spell out what you can expect from us and what we expect from you.

I. ACCEPTANCE OF TERMS AND CONDITIONS OF USE

By accessing this Website, you agree to all terms, conditions and notices contained or referenced on the Website (“Terms and Conditions of Use”). You also agree to be bound by all applicable laws and regulations and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Website. The Materials contained in this Website are protected by applicable copyright and trademark law. Maher for Congress reserves the right to change the Terms and Conditions of Use at any time, without prior notice to any Website visitor. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use our Website. If you breach any of the Terms and Conditions of Use, your authorization to use this Website automatically terminates.

 

II. INTELLECTUAL PROPERTY RIGHTS

Copyright Information and Personal and Non-Commercial Use Limitation

All Materials and the compilation of content included on this Website are owned or licensed by Maher for Congress and are protected by United States and international copyright laws. Copyright © 2022 Maher for Congress. All rights reserved. Maher for Congress does not claim ownership of copyrights owned by third parties.

 

Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyright work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claims to Maher for Congress designated agent through email copyright@maherforcongress.com or mail: Maher for Congress, Attn: Compliance Officer, PO Box 490, Kingsburg, CA 93631. For the notice to be effective, if must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) A description of the copyrighted work that you claim has been infringed upon;

(iii) A description of where the material that you claim is infringing is located on this Website;

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

(v) A statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(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 owner of an exclusive right that is allegedly infringed.

 

Trademarks

Maher for Congress owns trademark rights in its mark MAHER FOR CONGRESS and the associated graphics, logos and service marks are trademarks of Maher for Congress and may not be used without the prior written consent of Maher for Congress. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

Ideas and Inventions

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Maher for Congress in connection with your use of this Website shall be the exclusive property of Maher for Congress. You agree that unless otherwise prohibited by law, Maher for Congress may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

III. USE LICENSE

Permission is granted to view Materials on the Website for personal, non-commercial transitory use only. This is the grant of a license, not a transfer of title, and under this license you may not:

(i) sell, modify or copy the Materials;

(ii) use the Materials for any commercial purpose, or for any commercial public display; or

(iii) remove any copyright or other proprietary notations from the Materials;

 

This limited use license authorizes the user’s ability to share Materials from the Website.  This license shall automatically terminate if you violate any of these restrictions and may be terminated by Maher for Congress at any time.

IV. DISCLAIMER OF WARRANTIES

This Website and the Merchandise on this Website are provided on an “as is” and “as available” basis. To the fullest extent permissible by law, Maher for Congress makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Maher for Congress does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Website or otherwise relating to such Materials or on any sites linked to this site.

V. LIMITATIONS OF LIABILITIES

User expressly agrees that use of the Website, Materials, and Merchandise is at your sole risk. Maher for Congress does not guarantee the continuous, uninterrupted or secure access to the Website or any related services. The operation of the Website may be interfered with by numerous factors outside the control of Maher for Congress. In no event shall Maher for Congress or any of its directors, employees, agents, merchants, suppliers, volunteers, and/or any other third party who provides products or services purchased from or distributed by Maher for Congress be liable for any damages arising out of the use or inability to use the Materials on the Website, even if Maher for Congress or a Maher for Congress authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.

VI. REVISIONS AND ERRATA

The Materials appearing on the Website may include technical, typographical, or photographic errors. Maher for Congress does not warrant that any of the Materials on the Website are accurate, complete, or current. Maher for Congress may make changes to the Materials contained on the Website at any time without notice. Maher for Congress does not, however, make any commitment to update the Materials.

VII. LINKS

Maher for Congress has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Maher for Congress of the site. Use of any such linked website is at the user’s own risk. Maher for Congress makes no warranties or representations, and disclaims all liability, reliability, viewpoint, accuracy, currency, decency, or any other aspect of any linked website. Maher for Congress encourages you to examine the privacy policies and/or terms of use policies of any third party website.

VIII. ONLINE CONDUCT

You agree to use the Website and any e-mail services or other social media tools, including Facebook and Twitter, provided through this Website only for lawful purposes. Unacceptable uses of the Website or social media include without limitation:

(i) engaging in any illegal activity or the planning of any illegal activity;

(ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

(iii) creating, disseminating or transmitting files, graphics, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;

(iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;

(v) exporting, re-exporting or permitting the downloading of any message, or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;

(vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network;

(vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or

(viii) engaging in any other activity deemed by Maher for Congress to be in conflict with the spirit or intent of this Website.

 

Specifically, among other inappropriate conduct, the following acts are not authorized:

(i) Abusive, harassing, threatening or attacking others

(ii) Defamatory, offensive, obscene, vulgar or depicting violence

(iii) Fraudulent, deceptive, misleading or unlawful

(iv) Trolling or deliberate disruption of discussion

(v) Violations of any intellectual property rights

(vi) Spamming, commercial solicitation or link baiting

 

In addition to the rights subject to Section VI of this Agreement, Maher for Congress reserves the right, in its sole discretion, to remove or revise any and all content posted to its Website or other social that is in violation of this Agreement.

IX. SMS MESSAGING TERMS & CONDITIONS OF USE

At this time, Maher for Congress does not contact subscribers via text messages. For HELP regarding contact appearing to be associated with Maher for Congress, email support@maherforcongress.com.

 

X. TERMINATION

These Terms and Conditions of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website. Your access to the Website may be terminated immediately without notice from Maher for Congress if in its sole discretion you fail to comply with any term or provision of these Terms and Conditions of Use.

XI. SECURITY

Maher for Congress reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

 

XII. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Maher for Congress and its subsidiaries, agents, managers, and other affiliated companies, and its employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Website or the Merchandise; (b) your violation of these Terms and Conditions of Use; or (c) your violation of any rights of a third party or service provider.

XIII. SITE TERMS OF USE MODIFICATIONS

Maher for Congress may revise these Terms and Conditions of Use for its Website at any time without notice. By using this Website you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

 

XIV. GOVERNING LAW AND VENUE

Any claim relating to this Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.  Any action related to or arising out of these terms of use shall be brought in the appropriate federal or state court in Fresno County, California.  The Website is designed for and targeted to U.S. audiences and is governed in accordance to the laws of the U.S., including California Civil Code Section 1798.83.  Maher for Congress makes no representation that the Website is operated in accordance with the laws or regulations of, or governed by, other nations.