Terms of Service

AMERICANS SAY USER TERMS OF SERVICE

WELCOME TO AMERICANS SAY

Americans Say provides American citizens with nonpartisan, fact-based information regarding current events and upcoming legislation on both the state and the federal levels.

These Terms of Service (this “Agreement”) are made between you (“you,” “your,” or “Subscriber”), and Americans Say LLC., a Wyoming LLC (“Americans Say LLC,” “we,” “us” or “our”), and govern your access to and use of our Services (as defined below). However, if you have entered into this Agreement on behalf of an entity, such as a corporation or limited liability company, then “you” or “Subscriber” each refer to the entity, and you represent and warrant that you have power and authority to enter into this Agreement on behalf of the entity.

This Agreement also includes and incorporates by reference any operating rules, policies, price schedules, or other supplemental documents which may be published generally from time to time by us, both prior and subsequent to the effective date of this Agreement (“Additional Terms”). From time to time, such Additional Terms may conflict with this Agreement. In the event of such a conflict, the Additional Terms will control. Any reference to the “Agreement” in this document includes the Additional Terms. 

By checking and submitting the “Accept” box for this Agreement and/or using any of the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

ARBITRATION NOTICE:  PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH IN SECTION 12 BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. 

  1. OUR SERVICES

This Agreement governs your use of any and all websites, mobile applications, and other services offered or operated by Americans Say (the “Services”). The Services provide access to an online platform and related features and services, which enable our community of users to review materials including legislative and administrative texts, proposed legislation and regulations and political commentaries, and to engage in discourse through interactive channels, such as blogs, comments and discussion boards. For avoidance of doubt, the Services encompass all content, features, and services, including voting and donation features, provided by Americans Say via email (“Email Services”), meaning that all Email Services are governed by this Agreement. 

We are a distributor (not a publisher or creator) of content supplied by third parties any users. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers or users of our Services, are those of the respective author(s) or distributor(s) and not Americans Say. The Services are provided in our complete and sole discretion. We do not conduct any lobbying activities and are not responsible for any outcomes of any lobbying efforts and campaigns, nor are we responsible for the results of any votes or elections.

  1. SUBSCRIPTIONS & BILLING
  1. Subscriptions

You will be required to pay a recurring fee at a set interval (each such interval being a “Subscription Period”) in order to access and use the Services (collectively, a “Subscription”). As discussed in more detail below, your Subscription will automatically renew until you affirmatively cancel. 

Your Subscription may be subject to Additional Terms presented to you prior to purchase. Please carefully review the terms of the applicable offer before registering for a Subscription. We may change the price of Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Subscriptions will take effect at the start of the next payment period. By registering for a Subscription, you authorize us and/or our third-party payment processor to charge your credit card or other account that you have designated, on a recurring basis, for the applicable Subscription fee at the then current rate plus applicable tax. All fees are charged in U.S. Dollars (USD).

  1. Auto-Renewal and Cancellation

The fee for a Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Subscriptions automatically renew until they are cancelled as described below. THIS MEANS THAT, AFTER YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIODS, YOU WILL AUTOMATICALLY BE BILLED FOR AN ADDITIONAL PERIOD OF THE SAME LENGTH UNTIL YOU CANCEL. For example, if you have a monthly Subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your Subscription.

You may cancel your Subscription at any time by emailing your request to [email protected]. You have the right to cancel your subscription without fee or penalty. If you cancel your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, you will have continued access to the Services for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. 

  1. Free Trials 

On certain occasions, Americans Say may offer free trials for its Services. If we offer you a free trial, the specific terms of the free trial will be stated on the relevant portion of the Services or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the terms of the free trial, it will automatically convert to a Subscription. This means that we will charge your payment card for the applicable Subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your free trial by emailing your request to [email protected]. The free trial offer terms will present the details of the free trial and the Subscription that will result absent cancellation.

  1. SUBSCRIBER RESPONSIBILITIES
  1. Eligibility

You represent that you are 18 years of age or above the age of majority in your jurisdiction of residence (whichever is greater), have legal power and capacity to form a binding contract, and are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. Eligibility for specific Services may be subject to further requirements set forth in Additional Terms.

  1. Registration and Equipment Obligations

You shall provide true, current and complete information about yourself on our online or offline registration forms, including but not limited to your name, contact information and payment information (such as the expiration date of any credit or debit card). We also may require further information to verify your identity and information, such as confirming your email address or ordering a credit report, or to comply with any applicable law. We reserve the right to verify your information with third parties. If you fail to provide any requested information, or we have reasonable grounds to suspect that any information you have provided is not true, current and complete, we may limit, suspend or terminate your use of all or any portion of the Services. 

You are responsible for preserving the confidentiality of any account password used to access the Services and agree to notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

You are responsible for obtaining, at your expense, all equipment and third-party services (e.g., Internet access and email service) necessary for you to access and use the Services, and for all related charges resulting from use of the Services. 

We also may limit, suspend or terminate the Services to you if have a credit score from a credit reporting agency that reflects a high risk associated with your use of the Services. You are solely responsible for over limit fees, overdraft fees, finance charges and the like imposed by your bank or card issuer if your Subscription or other charges exceed your available credit limit or account balance.

  1. Changes to the Services

We may change, restrict access to, suspend or discontinue the Services, or any portion of the Services, at any time and at our sole discretion. We shall have no liability to any party related to the modification or termination of any aspect of the Services and you will not be entitled to any partial or full refund of any Subscription fee(s) as a result of such changes. We may specify from time to time the version(s) of related products required in order to use the Services (e.g., browsers and hardware).

We may establish or revise from time to time at our discretion general practices and limits (including the Acceptable Use Policy below) concerning your use of the Services. Should your use of the Services not comply with such practices and limits, we may at our discretion limit, suspend or terminate the Services to you, and may contact law enforcement and affected banks, credit and debit card issuers.

  1. Payments

If you wish to purchase a Subscription, you will be asked to supply certain information, including information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER. 

If you select “Electronic Check”, “ACH”, or “Direct Debit” (collectively “EFT”) payments, you authorize our third-party payment processor to deduct your Subscription and any other charges you agree to incur from the bank account provided using the Automated Clearing House (“ACH”) system. You hereby certify that you have authority to authorize transfers from the account entered.

You agree to provide current, complete, and accurate information in connection with all purchases made via the Services. You agree to promptly update your account and other information, as applicable, so that we can complete your order and contact you as needed. By submitting any information in connection with an order, you grant to Americans Say the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. 

All payments made in connection with the Services must be made in U.S. Dollars (USD). You are responsible for all taxes, fees, interest, penalties or any other ancillary payments in connection with your use of the Services. 

No refunds of any Subscription will be authorized for any reason unless required by applicable law or if our anti-fraud systems detect behavior which suggests fraudulent use of stolen credit or debit cards (including “card testing”), in which case we will refund such Subscription without receiving a request from you. Further, your Subscription may be refunded, voided or adjusted due to, among other things:  (a) voiding or adjustment by your bank or card issuer; (b) correction of manifest error; and (c) claims made by us or others against you.

For payments by EFT, if your payment is returned unpaid, you authorize us to make a one-time ACH transfer from your account to collect a fee of $25.00.

  1. Acceptable Use Policy

In connection with your use of any Services, you agree not to, directly or indirectly:  (i) use the Services in any way that would breach this Agreement or would be abusive, harassing, tortious, or otherwise could result in civil or criminal liability (ii) violate any applicable law, rule or regulation, including election, campaign finance, and/or tax law, rules or regulations, and/or debit/credit card system or association rules; (iii) send or receive funds obtained by or connected with fraud; (iii) use any Services in connection with unsolicited or unauthorized email or other unethical or illegal methods; (iv) provide false or misleading information or impersonate any person or entity, including, but not limited to, any representative of us, or misrepresent your affiliation with any person or entity; (v) refuse to reasonably cooperate in any investigation related to the Services; (vi) intercept, monitor, interfere with or disrupt any Services or the servers, networks or communications systems connected to them or any security functionality of us or any third party; (vii) use or introduce any spyware, adware, viruses, trojan horses, worms or similar invasive, destructive or self-replicating code in connection with the Services; (viii) use any automated system, such as “robots” or “spiders,” to access our systems or Services significantly faster than a human or to monitor activity on such systems or Services, or (ix) infringe any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person). We shall be the sole arbiter as to what activities violate the foregoing. Americans Say shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Services for any reason, including to determine compliance with this Agreement.

  1. Privacy and Other Policies

Your use of the Services is subject to our Privacy Policy and other applicable policies, each as established by us from time to time, available at https://americanssay.com/privacy-policy, which are incorporated herein by reference. By using the Services, you agree to allow us to share your contact information with third parties and government officials. We will disclose to governmental bodies such information about you as must be disclosed by applicable law.

  1. Content and Communications

You understand that by using the Services, you may be exposed to content that is inaccurate, offensive or objectionable. The Services, or content included on the Services, and other Subscribers or third parties with access to the Services, may provide links to other Internet sites or resources. Because we have no control over such content, sites or resources, you acknowledge and agree that we do not endorse and are not responsible or liable for anything on or available via such content, sites or resources. You may communicate directly with persons or entities mentioned on the Services, and you agree that we have no liability or responsibility for such communications.

Further, some aspects of the Services may permit users to submit, post, link, share, or otherwise make available information and content (“User Content”). User Content has not necessarily been reviewed or approved by Americans Say, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Americans Say. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content. 

  1. CONVENIENCE FEES
  1. Processing Fees

You agree to pay all fees for your use of the Services at the prices then in effect; fees vary greatly and so we are unable to post a fee schedule, but processing fees generally range from 3.75% to 6% plus $0.20 to $0.30/transaction. You can always contact us at [email protected] to inquire as to the precise fee that will be in effect for your payment. We reserve the right at our sole discretion to set or revise fees from time to time.

  1. Late Fees

If you make payment by credit or debit card, and our merchant processor(s) refuses to accept or revokes acceptance of your Subscription or other payments, you agree to pay all amounts due upon demand by us. In such event, if any amounts due to us are not paid when due, such amounts shall be subject to a late fee of 1.5% per month or the maximum amount allowed by applicable law on such late amounts, whichever is less, and you also will reimburse us for the reasonable costs of collection, including without limitation reasonable attorneys’ fees and expenses. Each time you use any Services that are fee-based, or allow or cause such Services to be used, you agree and reaffirm that we are authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with the Services, and you must refer to such agreement with respect to your rights and liabilities as a cardholder. You agree that we may (at our option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that we may delay obtaining authorization from your card issuer until submission of the accumulated charge(s).

  1. Contesting Charges

If you have any question regarding any charges that have been made via the Services, you must contact our service department within 30 days of the charge date, otherwise you will be deemed to have waived any right to challenge any such charges.

  1. SUSPENSION OR TERMINATION
  1. Modification, Suspension and Termination of Services

We reserve the right to modify, suspend, or terminate your use of any of the Services without notice at any time and with or without cause. Without limiting the foregoing, we may suspend or terminate your use of the Services upon any of the following:  credit or debit card expiration, insufficient funds, rejection of any Subscription, payment or card charges, violation of our Acceptable Use Policy or other policies, if your accounts are frozen, if a legal order directs us to suspend or terminate providing the Services to you, or if your financial institution (or its agent or affiliate) seeks return of amounts previously paid to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to us.

  1. Without Cause

You may terminate your use of the Services and/or this Agreement at any time, with or without cause, upon written notice. 

  1. MODIFICATIONS TO THIS AGREEMENT AND/OR SERVICES

We may amend this Agreement at any time by (a) posting revised Terms of Service accessible via websites for the Services, and/or (b) sending information regarding the amendment to your email address of record with us. You are responsible for regularly reviewing such websites to obtain timely notice of such amendments. You shall be deemed to have accepted such amendments by continuing to use any Services after such amendments have been posted or information regarding such amendments has been sent to you. If you do not agree to any of such changes, you must terminate this Agreement and immediately cease all access and use of the Services. You agree that such termination will be your exclusive remedy in such event.

In the event of any termination of this Agreement, the following provisions shall survive termination:  Sections 1, 2, 3, 4, 7, 8 (excluding the license granted to you in Section 8(B)), 10, 12, 13, and 14, as well as any other provisions of this Agreement that, either explicitly or by its nature, must remain in effect even after termination of these Terms. 

  1. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
  1. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER WE NOR ANY OF THE OWNERS OF SITES THAT LINK TO OR DISPLAY MATERIALS PROVIDED BY US (“SPONSORS”) NOR OUR SUPPLIERS OR AGENTS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE SAME. WE AND OUR SPONSORS, SUPPLIERS AND AGENTS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, OR SECURITY, AND DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE PRODUCTS OR SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, AMERICANS SAY DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON OR PROVIDED IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT OF THE SERVICES.

  1. LIMITATION OF LIABILITY

NEITHER WE NOR ANY OF OUR SPONSORS, SUPPLIERS OR AGENTS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR LOST REVENUES, PROFITS OR SAVINGS) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, AND YOU HEREBY RELEASE AND WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF WE OR ANY SUCH SPONSOR, SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AS TO SUCH MATTERS, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES, “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.” RESIDENTS OF OTHER STATES SIMILARLY WAIVE THEIR RIGHTS UNDER COMPARABLE STATE LAW. THE ENTIRE LIABILITY OF US AND OUR SPONSORS, SUPPLIERS AND AGENTS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF:  (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE OUR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $50.00. YOU HEREBY RELEASE US AND EACH OF OUR SPONSORS, SUPPLIERS AND AGENTS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. PROHIBITED EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE EXCLUDED OR MODIFIED OR CERTAIN LIABILITY OR DAMAGES TO BE LIMITED OR WAIVED, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. OWNERSHIP AND LIMITED RIGHT TO USE
  1. Intellectual Property of Americans Say

You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, and any other intellectual property comprising the Services are wholly owned by us and/or our suppliers except where expressly stated otherwise.

  1. License to the Services

Subject to your payment of applicable fees and compliance with the other terms and conditions of this Agreement, we grant you a limited, nonexclusive, non-transferable, revocable right to use the Services solely for your personal use. Under this license, you may download information from the Services and print out a hard copy for your personal, non-commercial use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. You agree not to use for any other purpose, sell, resell, rent, sublicense, modify, copy, distribute, display, reproduce, or create a derivative work of or otherwise exploit the Services, in whole or in part, including any text, images, audio, and video in any manner, without our prior written permission. All rights not specifically granted by us are reserved by us. Further, you may not frame, or make it appear that a third-party site is presenting or endorsing, any aspect of the Services, or incorporate any intellectual property of the Services into another website or other service, without the prior written permission of Americans Say and any applicable third party. Any unauthorized use of our content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights. 

  1. License to User Content

You will retain any intellectual property rights that you own in the User Content that you post or submit to or through the Services, but you automatically grant, or warrant that the owner of such content has expressly granted, Americans Say a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You represent and warrant that you have obtained any and all third-party permissions necessary to submit or post you User Content on or through the Services and to grant the license required under this section. 

We reserve the right (but have no obligation) to review your User Content and remove any content that we determine violates this Agreement or that we otherwise consider to be inappropriate for the Services, all as determined in our sole discretion. We shall have no liability to you or any other party related to the removal of your User Content. Notwithstanding any other provision in this Agreement, you are solely responsible for your User Content, and acknowledge that, once published, we cannot always remove it.

User Content shall not be deemed confidential and Americans Say shall not have any obligation to keep any such material confidential. Americans Say shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. 

  1. CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Sites, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows:  [email protected], P.O. Box 13994 Grand Forks, North Dakota 58208. 

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below.

To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and each of our officers, directors, employees, Sponsors, suppliers and agents from and against any and all losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of claims based upon or caused by your breach of this Agreement or misuse of any Services.

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree not to settle any matter for which your indemnification is required without our prior, written consent. 

  1. NOTICES; CONSENT

With the exception of the specific notice requirements in Section 12, notices given by us to you will be given by general posting on our web site, or by email, overnight courier, first class or express mail to your address of record at our offices. Notices given by you to us must be given by first class or express mail, certified or registered, postage prepaid and sent to us at P.O. Box 13994, Grand Forks, ND 58208. All notices shall be effective upon web site posting or, if delivered by other means, upon receipt.

  1. ARBITRATION; WAIVER OF CLASS ACTION RIGHTS

By using the Services, you and Americans Say agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.

Notice shall be sent to:

  • Notice to Americans Say:  You must send notice by electronic mail to [email protected] and (2) by first-class or certified mail to Americans Say at P.O. Box 13994, Grand Forks, ND 58208.
  • Notice to You:  We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and Americans Say agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement are void or voidable. For the avoidance of doubt, you and Americans Say agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

Notwithstanding the foregoing, in lieu of arbitration either you or Americans Say may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis. 

  1. CHOICE OF LAW & FORUM

This Agreement has been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of Delaware, without giving effect to any conflict of laws principles. 

Except for claims properly lodged in a small claims court in the United States, any Dispute not subject to the arbitration agreement in this Agreement shall be resolved by a court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.  

You and Americans Say acknowledge that this Agreement evidences a transaction involving interstate commerce. Any arbitration conducted pursuant to this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

  1. GENERAL TERMS
  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

  1. Waiver; Remedies 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Our rights and remedies in this Agreement, at law or in equity, are cumulative and are not intended to be exclusive of one another. 

  1. Performance

We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.

  1. Interpretation

In this Agreement, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. Any limited or specific disclaimers or limitations of liability found in this Agreement shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in this Agreement.

  1. Assignment

You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary shall be void. Subject to the preceding sentence, this Agreement benefits and binds the respective successors and assigns of the parties. We at our sole discretion may contract with third parties to process payments and/or provide any other of the Services. 

  1. Entire Agreement

This Agreement supersedes all prior or contemporaneous agreements, representations, warranties, understandings or communications between the parties regarding the subject matter herein. There are no third-party beneficiaries to this Agreement. 

  1. No Relationship

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Americans Say.

  1. Notice to California Residents

You may reach Americans Say at the contact information provided below in Section 15. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. CONTACT US

If you have any questions, comments or concerns about this Agreement, please contact us by email or mail using the details provided below:

[email protected]

P.O. Box 13994, Grand Forks, ND 58208

© Americans Say LLC. 2023