Our Fight - User Agreement

  1. Introduction.
  2. This agreement applies to the website http://www.ourfight.com (the “Website”) which is owned and controlled by Our Fight LLC (“Our Fight”, “we”, “our”, “us”). By registering for, accessing, and using the Website, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy, hereafter referred to as (the “User Agreement”), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). 

    This User Agreement is in effect as of: August 3, 2020.

    We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

    You may not use the Website or create an account if you are a person barred under the laws of the United States or other countries including the country in which you are resident or from which you use the Website. You affirm that you are over the age of 16, as the Website is not intended for children under 16. If it is discovered that an individual under the age of 16 has created an account, the account will be terminated.

    If these terms are accepted by a person that represents a company or organization, when you accept the terms, the terms are accepted by all members of the organization, employees of the company and/or its affiliates.

    Contact: You can contact us regarding anything related to this User Agreement by using the information in the “How to Contact Us” section, below.

  3. Website.
  4. Our fight provides a platform for users to gather support for their cause and instate change via online petitions. You may use the Website for your personal and business purposes. You may connect to the Website using any Internet browser supported by the Website. You are responsible for obtaining access to the Internet and the equipment necessary to use the Website.

    You must sign up for a user account by providing all required information in order to access or use the Website. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, current, and complete. If you provide any information that is untrue, outdated, or incomplete, or if Our Fight has reasonable grounds to suspect that such information is untrue, outdated, or incomplete, Our Fight may terminate your user account and refuse current or future use of the Website.

  5. Privacy.
  6. Your privacy is important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your personal information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

    Our Fight may contact you with important information, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Website. As part of our policy to respect your privacy, we also provide you the option of opting out from receiving newsletters from us.

  7. Responsible Use and Conduct.
  8. By accessing and using the Website, you agree to use the Website only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.

    Wherein, you understand that:

    a. You must provide accurate and complete registration information any time you register to use the Website. You are responsible for the security of your passwords and for any use of your account.

    b. You not to engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website).

    While Our Fight aims to provide an open platform for people of all views to fight for the causes they are passionate about, we do have some rules in order to keep the community safe. These are posted herein below.

    With that said, Our Fight takes no responsibility for the content or actions of the users using the Website. Our Fight is not responsible for monitoring the online petitions posted on the Website for accuracy, legality, safety, or anything else. Further, Our Fight does not endorse any campaign, idea, opinion, or political candidate posted by its users. Petitions are not reviewed for compliance with laws and regulations, both foreign and domestic, and users agree to access and rely on the content of the Website AT THEIR OWN RISK.

    If you find any petition or other user-generated content that you believe violates this User Agreement, please contact us by using the information in the “How to Contact Us” section, below.

    Prohibited Content: The content posted by users on the Website shall not contain any of the following: (a) content that infringes a third party’s rights (e.g., copyright) according to applicable law; (b) pornographic, obscene or excessively profane content; (c) hate-related or violent content; (d) content advocating racial or ethnic intolerance; (e) content intended to advocate or advance computer hacking or cracking; (f) gambling; (g) other illegal activity, including without limitation illegal export of controlled substances or illegal software; (h) drug paraphernalia; (i) phishing; (j) malicious content; (k) other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

    Prohibited Actions: In addition to (and/or as some examples of) the violations described in this User Agreement, you may not and may not allow any third party to:

    a. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: (a) sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; (b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; (c) data mining any web property to find email addresses or other user account information; (d) sending unauthorized mail via open, third-party servers; (e) sending emails to users who have requested to be removed from a mailing list; (f) selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and (g) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.

    b. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content

    c. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

    d. Conduct or forward pyramid schemes and the like;

    e. Transmit content that may be harmful to minors;

    f. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;

    g. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;

    h. Use the Website to violate the legal rights (such as rights of privacy and publicity) of others;

    i. Promote or encourage illegal activity;

    j. Interfere with other users’ enjoyment of the Website;

    k. Sell, trade, resell or otherwise exploit the Website for any unauthorized commercial purpose;

    l. Modify, adapt, translate, or reverse engineer any portion of the Website;

    m. Remove any copyright, trademark or other proprietary rights notices contained in or on the Website;

    n. Reformat or frame any portion of the Website;

    o. Use the Website in connection with illegal peer-to-peer file sharing;

    p. Display any content on the Website that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights; or

    q. Modify any logos or brand features without permission.

    r. Use the Website, or any interfaces provided with the Website, to access any product or service in a manner that violates this User Agreement or other terms and conditions for use of such product or service.

    You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability. 

    We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. 

  9. Data Ownership.
  10. You acknowledge and agree that Our Fight owns all legal right, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in this User Agreement gives you a right to use any of Our Fight’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All content and materials available on the Website, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Our Fight, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited.

    Our Fight acknowledges and agrees that it obtains no right, title or interest from to any content that you create, submit, post, transmit or display on, or through, the Website, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that Our Fight has no obligation to do so on your behalf. However, all content submitted or posted on the Website, including your name and likeness, is publicly available and may be seen by other users. Further, by submitting and posting content on the Website, you agree to grant Our Fight a non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all forms. This license shall be world-wide and include the right to sublicense. You represent and warrant that you have all the rights and authority to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

    Our fight makes no representations or promises regarding the storage of user posted content. Content and data may be erased at any time. You are responsible for keeping backups of anything posted on the Website.

  11. Termination and Inactive User Accounts Policy.
  12. We may suspend your user account or temporarily disable access to the Website in the event of any suspected illegal activity, continued period of inactivity for 365 days, and requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny access to the website upon reasonable belief that you have violated the User Agreement. Termination of user account will include denial of access to the Website, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

  13. Disclaimer of Warranties.
  14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OUR FIGHT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. OUR FIGHT MAKES NO WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT THE WEBSITE ARE OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE WEBSITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE WEBSITE OR THE DOWNLOAD OF ANY SUCH MATERIAL. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE WEBSITE DESCRIBED WITHIN OR OFFERED ON THE WEBSITE, AT ANY TIME WITHOUT NOTICE. OUR FIGHT USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION ON THE SITE. OUR FIGHT IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM OUR FIGHT, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  15. Limitation of Liability.
  16. YOU AGREE THAT OUR FIGHT WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OUR FIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE WEBSITE, OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL OUR FIGHT ’S ENTIRE LIABILITY TO YOU IN RESPECT OF ITS WEBSITE, WHETHER DIRECT OR INDIRECT, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.

  17. Indemnification.
  18. You agree to indemnify and hold harmless Our Fight and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your (i) use of the Website, (ii) violation of any part of this User Agreement, or (iii) the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  19. Remedies.
  20. In the event that Our Fight determines, in its sole discretion, that you have breached any of the terms of this User Agreement, or have otherwise engaged in inappropriate conduct, Our Fight may, in addition to the arbitration process set forth below and any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (v) take any other action which Our Fight deems to be appropriate.

    Any controversy or claim arising out of or relating to the User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, or for any non-United States of America based organizations, the Association for International Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Virginia, United States of America, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The prevailing party shall be entitled to attorney’s fees. Notwithstanding anything to the contrary, Our Fight may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

  21. Governing Law.
  22. This website is controlled by Our Fight from our offices located in the state of Virginia, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Virginia, by accessing our website, you agree that the statutes and laws of Virginia, without regard to the conflict of laws.

    Furthermore, any action to enforce this User Agreement outside the scope of mandatory arbitration as set forth above shall be brought in the federal or state courts located in United States, Virginia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  23. Severability.
  24. If any provision of this User Agreement is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render the User Agreement unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  25. Entire Agreement.
  26. This User Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.

  27. Special Notice For New Jersey Users.
  28. BY USING THIS WEBSITE, YOU: (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE FACTS, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST FACTS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF FACTS AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

How to Contact US

If you have any questions or comments about the User Agreement as set forth above, you can contact us at:

Our Fight LLC
10 Crovo Ln
Fredericksburg, VA 22405

Email:
[email protected]

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