PLEASE READ THESE TERMS AND CONDITIONS OF USE 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 Not Who We Are PAC (“NWWA”). These terms and conditions of use (“Site Terms”) apply solely to your access to, and use of, the www.notwhoweare.us. Web site operated by NWWA and other NWWA Web sites or online services which link to these Site Terms (collectively the “Site”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with NWWA for products, services or otherwise.
We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
2. Mobile Communications
If you request to receive updates or other information by mobile phone or text message, you consent to our communicating with you via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information.
3. Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, NWWA’s 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 NWWA 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 Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Site 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 Site 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 Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of NWWA, 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 Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, NWWA has adopted a policy of terminating, in appropriate circumstances as determined by NWWA in its sole discretion, subscribers or account holders who are deemed to be repeat infringers. NWWA may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Site 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.
Name of Agent Designated to Receive Notification of Claimed Infringement: Samuel Drzymala
Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 3190, Washington, D.C. 20010
E-Mail Address of Designated Agent: [email protected]
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
NOT WHO WE ARE, and all logos, slogans and other trademarks and service marks contained in the Site are trademarks of NWWA, 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 NWWA or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “NWWA” or any other name, trademark or product or service name of NWWA 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 NWWA 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 Site 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.
You may not use an NWWA logo or other proprietary graphic of NWWA to link to these Site without the express written permission of NWWA. Further, you may not use, frame or utilize framing techniques to enclose any NWWA trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without NWWA’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 NWWA or any third party.
NWWA 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 Site, or Web sites linking to the Site. Such sites are not under the control of NWWA and NWWA 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. NWWA provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by NWWA of any site or any information contained therein. When you leave the Site, 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 Site.
8. Third Party Content and Tools
We may make third party information, content or tools available on or through the Site (the “Third Party Content and Tools”) or may link to Third Party Content and Tools. We may also provide information regarding or access to third party products or services available on or through the Site (“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. NWWA does not control, endorse or adopt any Third Party Content and Tools or any Third Party Products and Services, and NWWA makes no representation or warranties of any kind relating thereto, including without limitation regarding its accuracy or completeness. You acknowledge and agree that NWWA is not responsible or liable in any manner for any Third Party Content and Tools and undertakes no responsibility to update or review any Third Party Content and Tools. Users use such Third Party Content and Tools contained therein at their own risk.
9. Advertisements and Promotions; Third-Party Products and Services
NWWA may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party organizations, products, tools, sites or services. 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. NWWA 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-NWWA advertisers or third party information on the Site.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or NWWA that are provided by you in the form of email or other submissions to NWWA, or any postings on the Site, are non-confidential and shall become the sole property of NWWA. NWWA 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.
11. User Content and Conduct
You are solely response for any content, messages, comments, petitions, materials, data, information, text, graphics, audio, video, or other items or materials (collectively the “User Content”) you create, submit, post, share, store or link to on or in connection with the Site, including any petitions you create through the Control Shift site. By using the Site, you agree not to create, post, submit, link to, or publish any of the following:
Use of the Site is at your own risk. NWWA takes no responsibility and assumes no liability for any User Content created, submitted, or posted by you or any third party, or for any loss or damage thereto, nor is NWWA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or offensive material you may encounter on the Site. Your use of the Site is at your own risk.
As a provider of interactive services, NWWA is not liable for any statements, representations, information or other User Content provided by its users. Enforcement of the user content or conduct rules set forth in these Site Terms is solely at NWWA’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 or any reasonable expectation that the Site will not contain any content that is prohibited by such rules or that all content that complies with the rules will be posted or allowed to remain on the site.
Although NWWA has no obligation to do so, it reserves the right, and has absolute discretion, to remove any User Content at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination, or suspension of your rights to use the Site.
Except as otherwise provided, you retain ownership of all User Content you post on or through the Site. However, you grant NWWA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content throughout the world in any manner or media, without any right of compensation or attribution. You grant NWWA 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 submit or you otherwise have the right to post or submit such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use, submission and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
12. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“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 NWWA, 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 NWWA.
You agree to defend, indemnify and hold harmless NWWA, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you create, submit, post, store or otherwise transmit on or through the Site or any act or omission relating to the Site or the User Content, including without limitation any actual or threatened suit, demand or claim made against NWWA and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND ANY SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NWWA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, TOOLS, OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. NWWA DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
NWWA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE NWWA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND SERVICES SAFE, NWWA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE 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.
NWWA IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY TOOLS OR WEBSITES USED IN CONNECTION WITH THE SITE.
NWWA reserves the right to change any and all content contained in the Site and any Services offered through the Site 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 NWWA.
15. Limitation of Liability
IN NO EVENT SHALL NWWA 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 SITE, THE SERVICES, THE CONTENT (INCLUDING USER 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 NWWA, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NWWA, 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 SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NWWA FOR ACCESS TO OR USE OF THE SITE.
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.
16. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of New York State applicable to agreements made and to be entirely performed within New York State, 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 Site Terms shall be filed only in the state and federal courts located in New York State 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 Site Terms.
Notwithstanding any of these Site Terms, NWWA reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
19. Questions & Contact Information
Questions or comments about the Site may be directed to NWWA at the email address [email protected]