Terms of Service
Last modified on March 24, 2019
3. Privacy Statement. We have established a Privacy Statement to explain how we collect, use, retain, and share information about you. Please carefully review our Privacy Statement, which can be found here. By accessing or using the Website, you also are signifying your acknowledgement of our Privacy Statement.
4. Intended Users. This Website is intended for users who are at least 18 years old. If you are using the Website for the benefit of a child age 13 or older, please do not provide information relating to such child unless you have obtained the consent of the child’s parent or legal custodian or guardian, including their consent to our Privacy Statement. We do not allow the Website to be used by or for the benefit of anyone under the age of 13.
5. User Responsibilities. As a condition of your use of the Website, you agree not to engage in the following actions:
- take any action, or use the Website in any manner, which could damage, disable, overburden, or impair the use of the Website, or interfere with any other party’s use and enjoyment of the Website;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measures on the Website;
- obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;
- copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Drop the Wall or third-party content (“Content”) from the Website. Search result pages may be printed for individual use;
- resell Content from the Website for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or “cost recovery” basis, loan, rental, service bureau, external time sharing or similar arrangement;
- upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents; and
- encourage or enable any other individual to do any of the foregoing.
6. License and Use. The Website and all of its features and functionalities (including but not limited to all information, text, displays, images, video, and audio, and the design selection and arrangement therefore) and all of the Content are owned by Drop the Wall, its licensors, and other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. All rights related to the same are reserved.
- As expressly authorized by Drop the Wall in writing;
- To temporarily store files that are automatically cached by your Web browser for display enhancement purposes;
- To print or download one copy of a reasonable number of pages of the Website for your personal, non-commercial use and not for further reproduction, publication or distribution;
- To share the Website or updates of the Website, or to link to a reasonable number of pages of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and provided you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission in our sole discretion and without notice.
The aforementioned permissions are granted on the condition that:
- You do not remove or modify any copyright, trademark, or other proprietary rights notices or disclaimers from Content or copies of materials from the Website;
- You add a permission notice (e.g., “Used with permission”) to such Content;
- Your use of the Content does not imply that Drop the Wall endorses, sponsors or is affiliated with any product, service, person, or entity;
- You do not modify, decompile or reverse engineer any Content;
- You do not use any illustrations, photographs, video or audio sequences, or any graphics without permission from Drop the Wall; or
7. User Content and Interactive Areas or Services. The Website may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which you or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Website (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish to or through the Website any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, discriminatory, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, or misleading;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, advertising, or solicitations;
- Private or personally identifying information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content which violates the terms of any Drop the Wall guidelines, policies, or rules posted on the Website or otherwise provided to you; and
- User Content that, in the sole judgment of Drop the Wall, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose Drop the Wall or its users to any harm or liability of any type.
Drop the Wall takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Drop the Wall liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, profanity or other objectionable content you may encounter. Your use of Interactive Areas is at your own risk. Enforcement of the user content or conduct rules set forth in these Terms of Service is solely at Drop the Wall’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules. As a provider of interactive services, Drop the Wall is not liable for any statements, representations, or User Content provided by its users in any Interactive Area.
Although Drop the Wall has no obligation to do so, it reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Website at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of your rights to use the Interactive Areas and/or the Website.
Except as otherwise provided, you retain ownership of all User Content you post on the Website. However, if you post User Content to the Website, unless we indicate otherwise, you grant Drop the Wall and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any manner or media, including without limitation in advertising, fundraising, and other communications in support of Drop the Wall and the issues and causes it supports, without any right of compensation or attribution. You grant Drop the Wall and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Website; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity.
8. Registration Data; Account Security. In consideration of your use of the Website, you agree to (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Website (“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 Drop the Wall, 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 Drop the Wall.
9. Drop the Wall Trademarks. You acknowledge that the Website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights owned by, controlled, or licensed by or to us, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Website is and shall remain our property.
All logos and slogans contained in the Website are trademarks of Drop the Wall, its suppliers or licensors, or other third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Drop the Wall or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Drop the Wall” or any other name, trademark or product or service name of Drop the Wall without Drop the Wall’s prior written permission. In addition, the look and feel of the Website – including all page headers, custom graphics, button icons and scripts – is the service mark, trademark, and/or trade dress of Drop the Wall and may not be copied, imitated, or used, in whole or in part, without Drop the Wall’s prior written permission. No portion of the Website may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without our prior written permission. Any trademarks, logos, service marks, and product marks displayed on the Website are our registered and unregistered marks unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the Contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.
You may not use an Drop the Wall logo or other proprietary graphic of Drop the Wall to link to the Website without the express written permission of Drop the Wall. Further, you may not use, frame or utilize framing techniques to enclose any Drop the Wall trademark, logo, or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without Drop the Wall’s 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 Drop the Wall or any third party.
You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content from the Website. You shall not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part, of the Website.
10. Advertisements and Promotions. Drop the Wall may run advertisements, content, and promotions from third parties on its Website. Your correspondence with, or participation in advertising, content, or promotions of third-party advertisers found on or through the Website, including any payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. Drop the Wall is not responsible or liable for any damages of any sort arising from or relating to any such dealings or as the result of the presence of such non-Drop the Wall advertisements, content, or promotions on the Website. Please note that advertisers on the Website may collect information from you while you are using our Website in accordance with the terms of our Privacy Statement. However, advertisements may link to third party websites, over which American First has no control or responsibility.
11. Links to Third Party Hyperlinks and Websites. The Website may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. Drop the Wall 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 Website, or Web sites linking to the Website. Such sites are not under the control of Drop the Wall, and Drop the Wall 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. Drop the Wall provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Drop the Wall of any site or any information contained therein. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites. When you leave the Website, you should be aware that our terms and policies will no longer govern your activity. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Website.
12. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. DROP THE WALL AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WHILE DROP THE WALL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES SAFE, DROP THE WALL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE WEBSITE MATERIALS, OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
DROP THE WALL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.
ANY LISTED PRICES FOR MERCHANDISE BEING OFFERED ON THE WEBSITE IN EXCHANGE FOR A CONTRIBUTION TO DROP THE WALL INCLUDE APPLICABLE SALES/USE TAX.
DROP THE WALL IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE WEBSITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE WEBSITE.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DROP THE WALL OR THE RELATED PERSONS WILL NOT BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF DROP THE WALL OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ADDITION, DROP THE WALL IS NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE WEBSITE. FURTHERMORE, DROP THE WALL DOES NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND DROP THE WALL DISCLAIMS ANY LIABILITY RELATING THERETO.
15. Copyright Complaints. We respect the intellectual property rights of others and we ask that users of the Website do the same. If you believe that anything on this Website infringes upon any copyright which you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Jason Richard, Vice President, Drop the Wall, Inc. Info@DroptheWall.com
As set forth by Section 512(c)(3) of the Digital Millennium Copyright Act, your notification should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- 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 owner, its agent, or the law; and
- 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.
Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
18. Arbitration; Class Action Waiver
a. Arbitration. You and Drop the Wall agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section 16(b) below, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and Drop the Wall. This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall take place in Virginia. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You and Drop the Wall shall select a mutually agreeable arbitrator from the AAA. Unless otherwise precluded by law, you and Drop the Wall shall each separately pay your or its own attorneys’ fees and costs. You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law. However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.
b. Remedies. Notwithstanding the above, without limiting any other remedies that may be available to Drop the Wall, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, Drop the Wall may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the Commonwealth of Virginia.
19. Limitation on Disputes. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.
20. Severability. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions.
22. International Usage. Drop the Wall is a U.S. federal political committee. Its activities are targeted exclusively within the United States and directed only toward U.S. citizens, and the Services are controlled, operated, and administered entirely within the United States. If you visit, access, interact with, and/or otherwise use the Services from a location outside the United States, please be advised that any information you provide in connection with any such activity may be processed in and/or transferred to the United States of America and/or other territories and locations, where privacy protections may not be as comprehensive as those in the territory or location where you interact with or otherwise use the Services. By using the Services, you affirmatively consent to the transfer, use, disclosure, provision, and other administration of your information as described herein. If you reside in a nation within the European Union and are not a U.S. citizen, you may not sign up for any forms on the Website and, in such case, no information about you will be collected by us.
23. Contribution Policies. All contributions to Drop the Wall through the Website must be made from a contributor’s own funds, not funds provided to the contributor by another person. Contributions to Drop the Wall are not deductible for federal income tax purposes. Contributions may not be made by any federal government contractor, foreign national lacking permanent-resident status in the United States, or using the general treasury funds of a national bank. Funds received in response to any solicitation will be subject to federal contribution limits and source prohibitions. 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 year.
24. Contribution Refund and Cancellation Policy. All contributions to Drop the Wall are final. Refunds and cancellations may be given at the sole discretion of Drop the Wall. If you believe that an error has been made in connection with your online contribution, contact us at email@example.com. We will endeavor to work with you to correct any such error.
25. Contribution Confirmations. All contribution confirmations will be sent via e-mail. It is your responsibility to provide a correct and valid e-mail address and other contact information.
26. Mobile Messages. If you request to receive updates or other information by mobile phone or text message (the “SMS Service”) through the Website, you consent to receiving periodic text messages from us via your mobile device. We do not charge for this SMS Service. However, your carrier’s standard messaging, data and other rates and fees still apply to any messages you send, our confirmations, and all subsequent SMS correspondence and/or transmissions. At any time, you may text STOP to cancel or HELP for customer support information.
27. Contact Information. If you have any questions or concerns, please email us at firstname.lastname@example.org.