These Terms of Service (“Terms”) apply when you use a digital service presented to you by RealClearPolitics, LLC. (collectively, the “Services”) and among RealClearPolitics network of affiliated and operated digital services ("RealClear Media Group") that links or refers to the Terms. These terms are a legal contract between you and RealClearPolitics, LLC. (“RCP,” “we” or “us”) so it is important that you review them carefully before using the Services. Your use of the Services indicates that you agree to follow and be bound by the Terms. If you do not agree to the Terms, do not access or use the Services. We may change the Terms or modify any features of the Services at any time at our sole discretion.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION VIII(6) BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you breach, violate, fail to follow, or act inconsistently with any part of the Agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation, and/or use of the Service or any other product(s) or service(s) we provide. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitations, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
RealClearPolitics and sister properties respect the copyrights of others and, in accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of taking immediate action to remove allegedly infringing articles, photographs and other works upon receipt of legitimate notice of potential infringement. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with us as set forth below:
Address: 1725 DeSales Street NW, Suite 700, Washington, DC 20036
Phone: (202) 644-8780
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, 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.
We may charge for access to portions of the Services or to the Services as a whole, and we reserve the right at any time to change the amount we charge for such access or subscriptions that include authorization to access the Services. In such event, we will notify you in advance, and give you an opportunity to subscribe (or un-subscribe) to the Service(s). More information about any such subscriptions can be found on the appropriate locations of the Services. You shall pay all applicable taxes relating to use of the services, and recognize that any fees to third parties that may be required for you to receive the service (such as mobile data plans and text-message charges) are not included in the cost of the services.
If you submit your credit, debit or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
RCP uses Evolok LTD and Stripe, Inc. as third party service providers for payment and subscription management services (e.g., credit card transaction processing, merchant settlement, and related services). By making purchases or paying subscriptions through our Site, you authorize RCP, Evolok and Stripe to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with this Terms of Service Agreement, including without limitation, your personal, financial, credit card payment, and transaction information.
To register for certain Services, you will create login credentials by providing personal identifying information such as email address, name, ip address, geo-location and by selecting a username and password. You also provide us certain information during the registration process, which you agree to keep accurate, updated and maintain the confidentiality of the password. Each login is for a single user only. You are not allowed to share or disclose your login credentials with any other user or person. We may cancel or suspend your access to the Services if you share your credentials.
You may also sign in to certain Services using your social network login information such as Facebook and Google.
If you register and/or set up an account on our Services, you will be solely responsible for maintaining the confidentiality of your registration Information. You may not authorize others to use your information. You may not sub-license, transfer, sell or assign your registration information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials.
You must be 13 years or older to use the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
You agree that, in our sole discretion, we may terminate your password, account (any part thereof), use of our Services (in whole or in part), and remove and discard any materials you may have submitted, for any reason, including, without limitation, due to discontinuance of a service or for a lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of this Terms of Service.
The Services may contain third-party owned content and links to other websites (“Linked Sites”). RealClearPolitics does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of RCP, and RCP is not responsible for the content or privacy practices of the Linked Sites.
YOU ACKNOWLEDGE THAT YOU ARE USING OUR SERVICES AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED “AS IS”, AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OUR SERVICES. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO OUR SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED VIA OUR SERVICES.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS OUR SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM OUR SERVICES, YOUR USE OF OR RELIANCE ON OUR SERVICES OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON OUR SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through our Services, or from your breach of this Agreement, or from any such acts through your use of our Services.