Effective Date: December 1, 2022
These Terms of Use (“Terms”) govern your access and use of the content and
services set out on www.prolifepress.com (collectively, “Site” and “Services”), By
using the Site or Services, you agree to these Terms. We reserve the right to make
changes to the Site and these Terms at any time. The changes will be posted here
and enforced from the date of the revision posting forward without further notice to
you. You agree to the posted Privacy Policy regarding our collection and use of all
information provided by you or collected by us throughout our website and is
incorporated by reference. We are located in the United States of America and your
use of our Website is governed by the laws of the United States. The information
provided may not be appropriate or available for use in other jurisdictions. If you
access or use our Website from other jurisdictions, then you do so by your own
volition and are solely responsible for compliance with local law. You must be at
least 18 years old to use the Site or any services or products provided on or through
the Site.
THESE TERM HAVE AN AGREEMENT TO ARBITRATE ALL CLAIMS AND
DISPUTES AND RESTRICTS YOU FROM CLASS ACTION PARTICIPATION. IT
ALSO HAS TERMS WHICH LIMIT OUR LIABILITY. PLEASE REVIEW
CAREFULLY AS IT AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE
BETWEEN US.
Services.
We provide updated and interesting information on our Site through our posted
news, articles, and blogs. We own or have licensed all content and information we
post on the Site. You may copy and reproduce our content for your own non-
personal use. If you provide us with an article or content, such as posting
comments, photos or submitting information intended to be posted on our Site, you
own the content, but have provided us a license or permission to use, copy, display
and publisher your content on the Site and in our marketing and newsletters. As
such, we may display your content to be viewed by others and we may use it to
advertise and promote the Site or other commercial and marketing purposes. You
agree that use of your content is royalty-free, and we do not owe you any revenue
or other benefits from using your content. Your license to us is intended by you to
last as long as we use the content.
You agree that you provide us only content in which you own all rights to the
content and that you have authority to provide it to us to use in the manner
described in this section. You also represent and warrant that your content does
not violate or infringe on the intellectual property, privacy, publicity, or other legal
rights of any third party.
We will use your content only in our sole discretion and we may not accept or use
your content. Even after posting we may remove it for any or no reason.
Use of Site and Third Party Links.
You are responsible for your use of the Site and any services or products found
through links on the Site. The links, services and products found throughout our
Site are all owned by third-parties and we have no control and therefore no liability
for these links, services, or products. These are put on the Site for your
convenience and to generate ad revenue for us to continue our publication of
informational articles, news, and blogs. We do not endorse any of the services or
products found through the links. You use these links and purchase products and
services at your own risk. You waive any and all claims against us involving any of
the links or the websites, services or products provided or posted through the links.
Our Site may contain links to other third party’s websites. As described above, this
does not mean that we endorse it or that we are affiliated with it. We are not
responsible or liable for any damage or loss related to the use of any third party
Web site. You should always read the terms and conditions and privacy policy of a
third party Web site before using it.
Prohibited Conduct.
Our goal is to create a safe and informed platform to express all different types of
opinions. To promote this goal, we prohibit certain conduct that may be harmful to
other users or to our reputation. When you use the Site or Services, you may not:
(a) violate any law or regulation; (b) violate or infringe other people’s intellectual
property, privacy, publicity, or other legal rights; (c) transmit anything that is illegal,
abusive, harassing, harmful to reputation, pornographic, indecent, profane,
obscene, hateful, racist, or otherwise objectionable; (d) transmit any malicious or
unsolicited software; (e) stalk, harass, or harm another person or entity; (f)
impersonate or misrepresent your affiliation with another person or entity; (g) use
malicious code to “scrape,” “crawl,” or “spider” any pages contained in the Site; or
interfere with or disrupt the Site.
Accuracy of Information.
We make no claims or promises about the quality, accuracy, or reliability of any
content available on or through the Site. We are not liable for any loss or damage
that might arise from your reliance on any content available on or through the Site
or Services. Use the Content at your own risk.
Digital Millennium Copyright Act.
We respect the intellectual property rights of others. If notified of a violation of
another party’s intellectual property rights, we will remove the offending content. If
you believe your work has been copied in a way that constitutes copyright
infringement, please send us a notification of claimed infringement with all of the
following information:
a) identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works are covered by a single notification, a
representative list of such works.
b) identification of the claimed infringing material reasonably sufficient to
permit us to locate the material on the Site.
c) information reasonably sufficient to allow us to contact you, such as an
address, telephone number, and, if available, an email address.
d) a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or by law.
e) a statement by you, under penalty of perjury, that the information in your
notification is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf; and
f) your physical or electronic signature.
We will be in contact with you within thirty (30) days of receipt of your notice or
sooner if possible. We appreciate your authorship and ownership of your
intellectual property and we will work with you to address all of your concerns.
Termination.
We reserve the right not to provide the Site to any user. We also reserve the right
to terminate any user’s right to access the Site at any time, in our sole discretion
and for any reason. Certainly, if you violate any of these Terms, our permission to
use the Site automatically terminates.
Disclaimer and Limitations on Our Liability.
YOU USE THIS SITE AT YOUR OWN RISK. THE SITE, ITS CONTENT AND SERVICES IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE
AND NON-INFRINGEMENT). WE MAKE NO REPRESENTATIONS OR WARRANTIES
ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR
THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, ANY COMMENTS OR OTHER
CONTENT AVAILABLE ON OR THROUGH THE SITE OR THE CONTENT OF ANY THIRD
PARTY WEBSITE OR RESOURCE ACCESSED THROUGH A LINK ON THE SITE. WE
HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES IN THE
CONTENT; (B) ANY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE
SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY
PERSONAL OR FINANCIAL INFORMATION; (D) ANY INTERRUPTION OF TRANSMISSION
TO OR FROM THE SITE OR SERVICES; (E) ANY VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD
PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT ON THE SITE OR OUR EMAILS TO YOU.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY THIRD PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED FOR SALE ON
OR THROUGH THE SITE OR ANY LINKED WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE
UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF
REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES EVEN
IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES, ARISING FROM OR RELATING TO USE OF THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation
or exclusion of liability for incidental or consequential damages. Accordingly, some
of the above limitations and disclaimers may not apply to you.
Indemnification.
You agree to indemnify, defend, and hold us harmless from and against any and all
claims, liabilities, damages, losses, costs, expenses, fees of any kind (including
reasonable attorneys’ fees and legal costs), arising from or relating to: (a) your
content; (b) the use of the Site by you; (c) the violation of these Terms by you; or
(d) the violation of any rights of any third party, including intellectual property,
privacy, publicity, or other proprietary rights by you. We reserve the right, at our
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. If we assume the defense, you will reasonably
cooperate with us in such defense.
Binding Arbitration.
These Terms will be governed by and construed in accordance with the
laws of the State of Delaware, without giving effect to any conflict of laws
rules or provisions.
Any controversy, claim, or dispute arising out of or related to these Terms
(or the interpretation, performance, or breach of them), the Site, including
but not limited to alleged violations of state or federal statutory or
common law rights or duties (a “Dispute”) shall be solely and exclusively
resolved according to the procedures set forth in this Section. If we are
unable to resolve any Dispute through informal means, either party may
initiate binding arbitration of such Dispute. The arbitration shall be
initiated and conducted according to the JAMS Comprehensive Arbitration
Rules and Procedures in effect as of the date of such dispute, including
the Optional Appeal Procedure provided for in such rules (“Arbitration
Rules”). The arbitration shall be conducted in a mutually acceptable
location or telephonically before a single neutral arbitrator appointed in
accordance with the Arbitration Rules. The arbitrator’s decision shall be
controlled by these Terms and any of the other agreements, including any
applicable Additional Terms. No Disputes may be arbitrated on a class or
representative basis; arbitration can decide only the individual Dispute
and the arbitrator may not consolidate or join the claims of other persons
or parties who may be similarly situated. BY ENTERING INTO THESE
TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO
JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR
SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING
TO, OR CONNECTED WITH THESE TERMS MUST BE ASSERTED
INDIVIDUALLY. The arbitrator shall not have the power to award punitive
damages against any party.
Waiver and Severability of Terms.
The failure by us to exercise or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If any provision of these Terms is
found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the Agreement remain in full
force and effect.
Entire Agreement.
This Agreement constitutes the entire agreement between you and us and governs
your use of the Site, superseding any prior agreements. If any part of these Terms
is determined unenforceable pursuant to applicable law, then the invalid and
unenforceable provision will be deemed superseded by a valid and enforceable
provision that most closely matches the intent of the original provision and the
remainder of these Terms shall remain in effect.
Electronic Communications.
When you visit our Site or send email to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
Although we may choose to communicate with you by regular mail, we may also
choose to communicate with you by email or by posting notices. You agree that all
agreements, notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing.