iRespect&Protect Website and Content Terms of Use

Effective Date: January 28, 2021

1. Acceptance of the Terms of Use. The following iRespect&Protect Website and Content Terms of Use (these “Terms”) are entered into by and between you and Liberty House, an Oregon non-profit corporation (“Liberty House,” “we,” or “us”), the entity that hosts the iRespect&Protect project and Website (defined below). These Terms govern your access to and use of the iRespect&Protect website, located at https://irespectandprotect.com/, and the services, publications, curriculum, worksheets, toolkits, contracts, and all other Liberty House materials available on the Website (collectively, the “Website”). As used in these Terms, “you” (and variations thereof) means the individual using the Website and, ‎if applicable, the entity on whose behalf the individual is using the Website. If you are using the Website ‎on behalf of an entity, you represent and warrant that you have authority to bind your entity to ‎these Terms and further that your entity has authorized you to use the Website, and to bind the entity ‎to these Terms. If you do not ‎agree to these Terms, then you must not use the Website. Further, if you contribute to the Website, you acknowledge that you are granting perpetual usage rights to ‎every person and entity that uses the Website. ‎Liberty House hosts the iRespect&Protect project and anyone is free to contribute to the project and use the ‎Website pursuant to and in compliance with these Terms.
2. License Grant. As used in this “License Grant” Section 2 of these Terms, access to and use of the “Content,” as defined below, is licensed separately from general access ‎to and use of the Website. In other sections of these Terms, at times, Content and the Website are discussed separately, but all uses of the “Website” shall be deemed to include the Content and address your access to and use of the Content.‎ ‎“Content” refers to publications, curriculum, worksheets, toolkits, contracts, and all other Liberty House materials available on the ‎‎Website.‎
   1. Access to and Use of the Content. Subject to these Terms, Liberty House grants you a limited, nonexclusive, ‎nontransferable, nonassignable, nonsublicensable, and revocable license to access and use the Content made available on the Website solely for personal or internal ‎business purposes, and to download and print copies of the Content solely for ‎personal or internal business purposes. This limited license includes the limited right to print, download, and store the ‎Content to a ‎storage device that is under your exclusive ‎control, again, provided that your use is limited to personal or internal business purposes and in accordance with the license granted here.‎ You may not, under any circumstances, transmit, ‎transfer, distribute, disseminate, ‎post, or otherwise make available Content on ‎any publicly accessible website, publicly accessible file ‎store, or other publicly ‎accessible location‎.‎ Any other ‎copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, ‎modification, or translation of print and/or digital copies of the Content (or creation of derivative ‎works based on or derived from the Content) is strictly prohibited ‎without the express prior written permission of Liberty House.
   2. Access to and Use of the Website. Subject to these Terms, Liberty House grants you a limited, nonexclusive, nontransferable, ‎nonassignable, nonsublicensable, and revocable license to access and use the Website for personal or internal ‎purposes and/or to educate users or potential users about Liberty ‎House’s products or services. Any other copying, ‎reproduction, use, distribution, republication, display, rental, sale, other transfer, ‎modification, or translation of the Website (or creation of derivative ‎works based on or derived from the Website) is strictly prohibited ‎without the express prior written permission of Liberty House.
   3. Limitation; Termination. Except for the limited licenses set forth in these Terms, Liberty House does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Liberty House reserves the right to terminate these licenses for any reason. Your failure to abide by these Terms will result in automatic termination of these licenses, with or without prior notice. Unless prohibited by law, you acknowledge and agree that Liberty House, in its sole discretion, ‎may terminate your Website access for any reason, in addition to all other rights and remedies ‎Liberty House may have at law and in equity. Regardless of the cause or basis for the termination, you agree ‎that Liberty House shall not be liable to you or any third party for termination of Website access, ‎and, unless required by law, we will not be required to make information you have provided us (if any) ‎through your use of the Website and/or Content available to you upon such termination. You are not ‎entitled to compensation or damages of any kind as a result of the termination. Upon termination, you shall (i) immediately cease ‎all ‎use of the Website and Content; ‎and (ii) immediately cease all use of and destroy all ‎tangible and/or ‎intangible copies of the Content, ‎including downloaded Content maintained on ‎a temporary ‎and/or permanent storage drive. ‎Accessing the ‎Website after such termination will constitute an act of trespass, among other potential claims. ‎
3. Use Restrictions. By accessing, browsing, or using the Website, you agree to the following restrictions:
   1. you will not use the Website or Content in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation, or in any manner contrary to or in violation of these Terms;
   2. you will not use the Website or Content in a manner that exceeds your limited licenses as defined above;
   3. you will not delete, modify, adapt, translate, mirror, create works and/or derivative works based upon, reverse engineer, decompile, disassemble, or otherwise tamper with the Website or Content;
   4. you will not create or compile a database of the Website or Content without Liberty House’s prior written consent, and you will not otherwise access, use, download, or copy the Website or Content in order to compete with Liberty House in any way;
   5. you will not use the Website or Content to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website or Content;
   6. you will not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Content or other material on or comprising the Website, or reproduce or circumvent the structure or presentation of the Website without our prior written consent. General purpose Internet search engines can access the Website and use limited content from the Website if, in all cases: (i) they provide a direct hyperlink to the relevant web page from the applicable website; (ii) they link to and use the content solely in connection with their activities as an Internet search engine; and (iii) they access the Website from a stable IP address using an easily identifiable agent. We reserve the right to revoke this permission;
   7. you will not upload, post, or otherwise transmit any software viruses or any other computer code intended to interrupt, destroy, or limit the functionality of the Website;
   8. you will not attempt to gain unauthorized access to the Website;
   9. you will not impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make or have made;
   10. you will not remove, obscure, or modify any copyright, trademark, or other proprietary rights’ notice from the Website or Content;
   11. you will not collect any email addresses made available on the Website for purposes of promotions or marketing campaigns, and you will not otherwise transmit, disclose, collect, or store personal information about others;
   12. you will not solicit others through the Website for any purpose;
   13. you will not use the Website in any manner that may adversely affects our resources or the availability of the Website to others, or in any way that disrupts the operation of the Website, Content, servers, or networks that make the Website available; and
   14. you will not use the Website to submit any material or information that is obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy; or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity.
4. Your Discontinued Use. You may discontinue use of the Website and Content at any time. These Terms will ‎‎continue to apply to all past use of the Website and Content, even if you are no longer using them, whether ‎‎voluntarily or because we terminated your access to the Website and Content. ‎
5. Audit Rights. We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Website and/or Content to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Website and Content.
6. Modification of Terms. The Terms may, at any time, be updated in our discretion. If we change these Terms, we will post that fact on the Website and post the revised Terms here. Unless a later date is indicated, any changes will be effective when we post the changes on our Website. You can determine if these Terms have been revised since your last visit to the Website by referring to the “effective date” or “last updated” date at the top of these Terms. YOU AGREE TO BE BOUND BY THE TERMS CURRENTLY IN EFFECT EACH TIME YOU CLICK TO AGREE AND/OR ACCESS THE WEBSITE.
7. Modification and/or Discontinuance of Website. We reserve the right, without notice and for any reason, to remove any Content from or services offered through the Website; to modify, suspend, or discontinue the Website entirely (or any part or Content thereof); and/or to deny access of any user to all or any part of the Website and Content.
8. Accuracy of Website and Content. We attempt to provide Content, information, and materials that are complete, accurate, and current. Despite our efforts, the Website and its Content, information, and materials may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of the Website or any Content, information, or materials on the Website.
9. For information on how we use and protect the personal information and automatically-collected information collected through your use of the Website, view our Privacy Policy. Your use of the Website constitutes your acknowledgement that you have read and understand our Privacy Policy.
10. Intellectual Property. We exclusively own all rights, titles, and interests in ‎and to the Content, information, and materials contained in the Website; the selection, arrangement, ‎and presentation of all such Content, information, and materials (including information in the ‎public domain); the overall design, “look and feel,” color combinations, and other graphical ‎elements of the Website; and all copyright, trademark, and other proprietary rights in and to the ‎foregoing. ‎LIBERTY HOUSE™, IRESPECT&PROTECT™, the iRespect&Protect Logo™, MYWORTH™, the myWorth logo™, and certain other trademarks, service marks, logos, slogans, taglines, and names appearing on the Website are registered or unregistered trademarks and service marks of Liberty House in the United States and/or other countries. Liberty House exclusively owns all rights, titles, and interests in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights in one or more countries. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Product, service, and company names that appear on the Website that are not owned by us are subject to trademark and/or other rights of other parties. Reference to any product, service, or other information by trade name, trademark, ‎service mark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, ‎sponsorship, or recommendation thereof by, or affiliation with, Liberty House.‎
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. 

THE WEBSITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” AND WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. FURTHER, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES, AND TERMS AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED ON THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, VALIDITY OF RIGHTS IN, AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR ITS CONTENT, INFORMATION, OR MATERIALS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE WEBSITE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE WEBSITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE WEBSITE OR THE CONTENT, INFORMATION, AND/OR MATERIAL CONTAINED ON THE WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, INFORMATION, OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE.

WITHOUT LIMITING THE FOREGOING PARAGRAPH, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THE WEBSITE; AND/OR (ii) YOUR USE OF OR INABILITY TO USE ANY CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE OR YOUR RELIANCE ON ANY SUCH CONTENT, INFORMATION, OR MATERIALS. THE LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY, EVEN IF WE WERE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENT, INFORMATION, OR MATERIALS IS TO STOP USING THE SAME.

THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE GREATER OF (i) THE AMOUNT YOU PAID DIRECTLY TO LIBERTY HOUSE SOLELY FOR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT (IF ANY); OR (ii) USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

No statements, whether oral or written, made by any director, officer, MEMBER, PARTNER, employee, or agent of LIBERTY HOUSE or made on thE WEBsite may be deemed as a representation or warranty on behalf of LIBERTY HOUSE in contradiction to any provision of these terms.

You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

12. Indemnification by you. EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO ‎INDEMNIFY AND HOLD LIBERTY HOUSE AND OUR SUCCESSORS AND ASSIGNS (AND ‎EACH SUCH COMPANY’S DIRECTORS, OFFICERS, MEMBERS, PARTNERS, ‎EMPLOYEES, AND AGENTS) HARMLESS FOR, FROM, AND AGAINST ALL CLAIMS, ‎DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS ‎AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF ‎‎(i) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE WEBSITE AND/OR CONTENT, ‎INFORMATION, OR MATERIALS CONTAINED ON THE WEBSITE; (ii) YOUR ‎INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF RIGHTS OF ‎ANY THIRD PARTY THROUGH YOUR USE OF THE WEBSITE AND/OR CONTENT, ‎INFORMATION, OR MATERIALS CONTAINED ON THE WEBSITE; (iii) YOUR USER-GENERATED CONTENT, AS DISCUSSED BELOW; OR (iv) YOUR ‎VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR VIOLATION OF ‎THESE TERMS.‎
13. Links to Third-Party Websites. The Website may contain links to third-party websites or resources that Liberty House does not own, operate, ‎or control. Liberty House has no control over such websites and resources and is not responsible or liable for ‎any content, advertising, products, services, or other materials on such websites or resources or for ‎any damage arising from your use thereof. If you click on the links, you will leave the Website and ‎be subject to the terms of use and privacy policies of the linked websites.‎
14. User-generated Content. Liberty House may provide one or more blogs, which may be accessed through the Website and which are deemed part of the “Website,” as addressed in these Terms. Users may posts information, content, or comments (collectively, “user-generated content”) to our blogs. Such blogs may or may not be monitored by Liberty House for user-generated content. Please be advised that blog content is the sole responsibility of the person supplying the user-generated content, and Liberty House disclaims any and all responsibility to control such content and all other responsibility and liability for such content. Opinions expressed on Liberty House blogs and in any corresponding comments are the personal opinions of the original authors, and not necessarily that of Liberty House. You acknowledge and agree that your reliance on user-generated content will be at your own risk.
    1. Ownership of and Right to Use User-generated Content. If you choose to post any user-generated content to our blogs, you consent to our posting and collection of such user-generated content, and you grant us permission to use (and to allow third parties to use) such user-generated content in connection with the operation of the Website and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, and fully-paid up nonexclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your user-generated content; and to publish your name and city of residence in connection with your submitted user-generated content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such user-generated content). You acknowledge and agree that we may use your user-generated content in any media, now known or hereafter developed. You will not be paid for our use of your user-generated content. We do not claim ownership of your user-generated content, unless otherwise expressly provided on the Website. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your user-generated content. You acknowledge and agree that we shall have no responsibility or liability to you or any third party for any use or misuse of your user-generated content by any other Website user.
    2. Conduct Relating to Your User-generated Content. If you post user-generated content to our blogs:
       1. you are solely responsible for the user-generated content you post. Upon your request, we may, but have no obligation to, remove user-generated content that you post, but copies may remain in our storage media. We retain the right to make archival and back-up copies of and to store user-generated content you post indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this user-generated content;
       2. you must not post user-generated content for unlawful purposes or to promote illegal activities;

• you must not post user-generated content using any automated means;

1. we may, but are not obligated to, prescreen and/or monitor the user-generated content posted to the Website. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the user-generated content or any other user;
2. by posting, you represent and warrant that you have the right to share your user-generated content; and you further represent and warrant that our use of the user-generated content and the inclusion of the user-generated content on the Website, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark right, patent right, trade secret right, and/or any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of user-generated content to the Website; and
3. in the event that we refuse to post your user-generated content or remove your user-generated content for any reason, we reserve the right to disclose such user-generated content as necessary to satisfy any applicable law, regulation, or governmental request.

1. Our use of our trademarks on the blog: Because blogs are informal in nature, we may not identify our trademarks as such in all posts and comments; however, we continue to reserve all rights, titles, and interests in such trademarks, regardless of how they are used on the Website.

15. Copyright Infringement Policy. We respect the intellectual property of others, and we ask our users to do the same. We have adopted this Copyright Infringement Complaints policy in accordance with the Digital Millennium Copyright Act of 1998, including the Online Copyright Infringement Liability Limitation Act (the “DMCA”). We will respond to clear notices of alleged copyright infringement that substantially comply with the requirements set forth here. We do not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to remove content posted by users on our Website that we believe in good faith is infringing a copyrighted work. By removing such content, as a prudential matter, we do not endorse or validate a claim of infringement. If we remove user-generated content from the Website, we will make a good-faith attempt to contact the party responsible for posting the content so the owner may make a counter-notice as provided for below.
    1. Designated Agent. Our designated agent for handling infringement notices and counter-notices: Liberty House, Attn: DMCA Agent, Alison Kelley, CEO 385 Taylor St NE, Salem, OR 97301; Email info@iRespectandProtect.com
    2. Infringement Notices. If you believe your work has been displayed or otherwise used on the Website in a manner that infringes your copyright, you must provide written notice to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your work has been infringed by content on the Website. If you are unsure whether your work has been infringed, we recommend that you contact an attorney before sending notice to us. Use this format for your notice: (i) identify your work that you believe has been infringed by content on the Website; (ii) identify all content that you claim infringes your work, describe how the content infringes your work, and describe where the content is located on the Website; (iii) provide your full name, mailing address, telephone number, and email address; (iv) include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) include a statement that the information in the notice is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the right that is allegedly infringed; and (vi) sign the notice physically or electronically. You acknowledge and agree that we may provide some or all of the information in your notice (including your name and contact information) to the individual or entity who posted the allegedly-infringing content. In addition, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if we have a good-faith belief that the content is infringing your copyright, we will remove the content.
    3. Counter-Notices. The provider of affected content may make a counter notice by writing to our Designated Agent via mail and/or email. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, we recommend that you contact an attorney before sending a counter notice to us. Use this format for your notice: (i) identify the content that has been removed, including a description of where the content was located on the Website before it was removed; (ii) provide your full name, mailing address, telephone number, and email address; (iii) include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed; (iv) include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Court of Oregon, and that you will accept service of process from the person who provided notice of the alleged infringement or an agent of such person; and (v) sign the notice physically or electronically. You acknowledge and agree that we may provide some or all of the information in your notice (including your name and contact information) to the individual or entity who complained of the alleged infringement. After reviewing your counter notice, we may determine that the content is not infringing and may reinstate the content on the Website.
    4. Repeat Infringers. In appropriate circumstances and at our sole discretion, we will ‎terminate Website access of users who are deemed to be repeat infringers of third party rights. We ‎may also, at our sole discretion, terminate access to the Website of any users ‎who infringe any intellectual property rights of Liberty House or others, whether or not there is any repeat ‎infringement.‎
16. While we try to maintain the security of the Website, we do not guarantee that the Website will be secure. Additionally, third parties may make unauthorized alterations to or breaches of the Website. If you become aware of any unauthorized third-party alterations to or use of the Website or any other breach of security, please contact us immediately. Additional information regarding the security of your information is included in our Privacy Policy.
17. The Website is controlled and operated from the United States and is not intended to‎ (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. Use of the Website is ‎unauthorized in any jurisdiction that does not give effect to all of these Terms. If you access ‎the Website and its Content, information, and materials, you do so at your own risk, and you agree to comply with all applicable local, ‎state, and federal laws, rules, and regulations in connection with your use of the Website and its Content, information, and materials. We ‎may limit the Website’s or its Content’s availability, in whole or in part, to any person, geographic area, or ‎jurisdiction we choose, at any time and in our sole discretion.‎
18. Governing Law; Disputes. You hereby agree that these Terms (and any claim or dispute arising in connection with these ‎Terms or your use of the Website or Content) are governed by and shall be construed in accordance with the ‎laws of the State of Oregon, U.S.A., without regard to its principles of conflicts of law. You ‎consent to the exclusive jurisdiction and venue of the federal and state courts located in Marion County, Oregon, and you waive any jurisdictional, venue, or inconvenient forum ‎objections thereto. You agree that any dispute arising between you and us under these Terms ‎‎(including without limitation relating to your use of the Website) will be filed only in the federal and ‎state courts located in Marion County, Oregon, and will be conducted only on an individual ‎basis and not in a class, consolidated, or representative action. You further agree that, regardless ‎of any statute or law to the contrary, you must file any claim or cause of action against us arising ‎out of or relating to these Terms or your use of the Website or Content within one (1) year after such claim or ‎cause of action arose, or forever be barred.‎ To the extent you have in any manner violated or threatened to violate Liberty House’s intellectual property rights; disclosed or threatened to disclose any of Liberty House’s confidential or proprietary information; violated or threatened to violate the security of any person, data, Liberty House servers or networks, and/or the Website or Content; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such actual or threatened violation or breach will cause immediate and irreparable harm to Liberty House, and we shall be entitled to injunctive and other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that we may seek such relief in any court of competent jurisdiction.
19. Electronic Communications. When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Website, by email, or by regular mail, in our discretion, and 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.
20. These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of these Terms is found ‎to be unenforceable, then the unenforceable ‎provision will be deemed superseded by an ‎enforceable provision that most closely ‎matches the intent of the original provision, and the ‎remainder of these Terms shall ‎continue in full force and effect. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Liberty House. No waiver of any breach of or other noncompliance with these Terms will be deemed to be a waiver of any preceding or subsequent breach or noncompliance. You agree that a printed version of these Terms and of any notice given in ‎electronic form ‎shall be admissible in judicial or administrative proceedings, based upon or ‎relating to ‎these Terms and/or your use of the Website or Content, to the same extent and subject to the same ‎‎conditions as other business documents and records originally generated and maintained ‎in ‎printed form. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign our rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Except as stated elsewhere with respect to specific Content, information, or materials on ‎the Website, these Terms ‎‎(and the Privacy Policy incorporated into these Terms) ‎constitute the sole and entire agreement between you and Liberty House regarding ‎your use of ‎the Website and the Content, information, and materials thereon and supersede any and all prior and contemporaneous ‎‎understandings, agreements, representations, and warranties, both written and oral, regarding ‎the ‎Website and the Content, information, or materials.‎ We will not be responsible or liable for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or Content or information provided to or gathered by us with respect to such use. We reserve all rights not expressly granted in these Terms.
21. By submitting ideas, suggestions, enhancement requests, and/or proposals (“Contributions”) to us through the Website or otherwise, you acknowledge and agree that: (i) your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice, payment, or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to Liberty House all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your Contributions.
22. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying a current provider of such protections is available at: http://onguardonline.gov. We do not endorse any of the products or services listed at this website. Further, this notice shall not constitute an admission by us that our Website or its Content, information, or materials is harmful to minors.
23. California Consumer Rights Notice. Under California Civil Code Section 1789.3, Website users who are California residents are entitled to the following consumer rights notice: The provider of the Website is Liberty House, 2685 4th Street NE, Salem, OR 97301. As of the Effective Date of these Terms, no direct charges are imposed upon Website users solely for access to and use of the Website and Content. If you are a California resident, you may report complaints with the services or Content provided through the Website to. or request information regarding the services or Content from. the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
24. Contact Information. If you have any questions about these Terms or about the Content, information, or materials on the Website, please contact us.