Site terms of use and agreements.

Important: Please read these terms and conditions ("Agreement") carefully as they form a legal agreement between you and It's a Groundswell LLC. All rights not expressly granted under this Agreement are reserved by us.

This system receiving your response is not capable of interpreting or reacting to any terms or input submitted or transmitted by you, so if you do not agree with these terms, discontinue use of this site. Your continued use of this site indicates agreement with these terms, and your continued use of this site following changes to this Agreement constitutes acceptance of such changes.

Definitions

In this Agreement:

"Account" means an account with a unique username used to access and use any portion of this web site.
"Linked Site" means any account, profile, or page at a third-party web site or service.
"Service and content" means all It's a Groundswell LLC web properties, and all books, video, audio, and other content, graphics, code, and equipment associated with It's a Groundswell properties and operations.
"we, us and our" means It's a Groundswell LLC.

Use of Service

You must be at least 18 years old to be eligible to use the service and content. However, if you are at least 14 years old but not yet 18, you may use the service and content if you have your parents’ or guardians’ prior permission. No one under age 14 may use the service and content under any circumstances. By using the service and content you are representing that you are at least 18, or that you are at least 14 years old and have your parents’ permission to use the service and content.

Each account or product purchase is eligible for a single person only. We do not permit you to share your Account or our service and content with any other person. If registration is required, you will be asked to select a username and password and you will be responsible for all activities occurring under your username, and for keeping your password secure. We may refuse to grant you a username (or revoke one that has previously been granted) that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.

Your use of the service and content is subject to the fees set forth in your original purchase agreement and any future updates to that agreement.

License

This Agreement grants you a personal, non-exclusive, non-transferable, non-sublicensable right to 1) use one copy of the purchased content for your own personal use on up to two computers, 2) access and use the service from one home PC and one remote PC. We reserve all rights not expressly granted herein, including without limitation, ownership and proprietary rights.

The license granted under this Agreement is personal to you, and neither your rights nor any copy of the service and content may be sold, assigned, distributed, transferred or sublicensed by you to any other person, in any form (including electronic media), without our prior written consent. Any transfer without our prior written consent will be null and void and will automatically terminate your right to use the service or possess the content.

Your Obligations

By accepting this Agreement, you undertake for the duration of this Agreement:

To provide complete and accurate information in the registration form you submit.
Not to reproduce (except in random access memory), translate, modify, lease, rent, loan, redistribute, sub-lease, sub-license or create derivative works of the service or content.
Not to reproduce and not remove, modify or obscure any copyright notice, trademark or any other proprietary notice that we place in the service or content.
Not to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others by your use of the service or content.
Not to use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the service or content.
Not to publish, distribute and/or disseminate any harmful, vulgar, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful or racially, ethnically, or otherwise objectionable material or information via the service or content.
Not to allow the transmission or posting of any materials that contain in any form software viruses or programs such as Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of the service or content, or any other computer hardware, software, or telecommunications equipment.
Not to attempt to gain unauthorized access to the service or content, other accounts, computer systems, or networks connected to the Service, through password mining or any other means.
Not to use the service or content in an unlawful manner or in any other manner that might damage, disable, overburden or impair the service or content, or any other third party computer hardware or software.
Not to use the service or content in any manner that violates any law or regulation or might infringe any patent, trademark, copyright, rights of privacy, rights of publicity, or any other rights of third parties.
Not to interfere with any third party’s use or enjoyment of the service or content.
Not to collect any information about other users (including usernames and/or email addresses) for unauthorized purposes.
Not to reformat or frame any portion of the web pages that are part of the Service.
Not to create user accounts by automated means or under false or fraudulent pretenses.
Not to create or transmit unwanted electronic communications such as spam, or chain letters to other users.

Some products distributed by us might have different permitted uses as described on their individual copyright pages. The permitted uses contained therein override only those terms expressly declared as being overridden.

Intellectual Property

All service marks, logos, trade names, trade dress, and trademarks of It's a Groundswell are the exclusive property of ours and nothing in this Agreement shall grant you the license to use such Marks. All property rights, title, and interest in the service or content, and all copyright, trade secret rights, patents, computer code, audio, graphics, multimedia, images, sounds, and text incorporated into the service or content, and any other intellectual property or proprietary rights of any kind existing anywhere in the world now or in the future in and to the service or content, and all copies of the service or content regardless of the form or media on which it exists, shall at all times remain the exclusive property of us and/or our licensors and are protected by United States of America copyright laws and international copyright treaty provisions. Any violation of the terms set forth herein is expressly prohibited by law and may result in severe civil and criminal penalties.

Links available on the web site may enable you to leave our web properties web site. We do not control or endorse the content of third-party web sites. The Linked Sites are not under our control, and we are not responsible for the contents therein, or any changes or updates to such sites. You are responsible for taking precaution to ensure that whatever you select for your use, whether on our web properties or the sites of third parties, is free of viruses, worms, Trojan horses, and other items of a destructive nature.

Infringement of Your Copyright

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the service or content, please comply with the following information for filing or responding to a notice of infringement.

To file a notice of copyright infringement with us, please send a written communication by regular mail or express delivery that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney. For us to process your request, please do the following:

Identify in sufficient detail the material that you believe has been infringed.
Identify the material that you claim is infringing the material listed in item #1 above.
Provide information reasonably sufficient to permit us to contact you (email address is preferred).
Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material (email address is preferred).
Include the following statement: I have a good faith belief that use of the copyrighted material described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.
Include the following statement: I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Sign the paper.
Send the written communication to us.

The user(s) who posted the allegedly infringing content may make a counter notification. When we receive a counter notification, we will typically forward a copy to the person who filed the original notification and reinstate the material in question.

To file a counter notification with us, please provide a written communication by regular mail or express delivery that sets forth the items specified below. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. For us to process your counter notification, please do the following:

Identify the specific URLs of material that we have removed or to which we have disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Raleigh, North Carolina if your address is outside of the United States), and that you will accept service of process from the person who provided notification to us of the infringement or an agent of such person.
Include the following statement: I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Sign the paper.
Send the written communication to us.

Database Ownership, License, and Use

Except with regard to personal information, all information which you post on this service or communicate to us through this site ("Submissions") shall forever be the property of It's a Groundswell. We may not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, we shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere.

Posted Content

As part or your use of the Service, you may publish or display on the Service or transmit to other users (hereinafter, post) various materials, including messages, photos, graphics, text, audio, video, location information, profiles, and any other content, data or information (collectively, Content).

You are solely responsible for the Content that you post on the Service. You understand and agree that we may review and delete any Content that in our sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users. In the event that we suspect or are made aware of Content that might violate these terms, we reserve the right to immediately suspend and/or delete such Content and suspend your use of the Service pending investigation and review.

By posting Content on the Service, you automatically grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, transferable, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, publicly perform and display, market and distribute and otherwise exploit in any manner, commercial or otherwise, and create derivative works of such Content and incorporate such Content into other works, and to exercise these rights over such derivative works and other works in which the Content is incorporated, and to grant and authorize sublicenses of the foregoing.

Member Disputes

You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Privacy Policy

Use of the service or content is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. By consenting to this Agreement, you are also consenting to the terms of the Privacy Policy. If you do not consent to all of the terms of the Privacy Policy, you may not use the service or content.

Disclaimer

We use reasonable endeavors to ensure that the Service is available 24 hours a day, 7 days a week. However, there will be occasions when the operation of the Service will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment or other causes that are beyond our control. We will take reasonable steps to minimize such disruption where it is within our reasonable control. However, you acknowledge that we will not be responsible for any loss that you may suffer as a result of the Service being unavailable under such circumstances.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND CONTENT ARE PROVIDED "AS IS." WE AND OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY OR ASSURANCES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, DESCRIPTION, QUALITY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE CONTENT OR THE SERVICE WILL BE ERROR-FREE OR FREE FROM INTERRUPTION OR OTHER FAILURES OR THAT THE CONTENT OR THE SERVICE WILL SATISFY YOUR SPECIFIC REQUIREMENTS.

YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE PERFORMANCE, USE OR RESULTS OF THE USE OF THE CONTENT AND THE SERVICE OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CONTENT OR SERVICE.

NEITHER WE NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES WARRANTS THAT THE CONTENT OR SERVICES WILL BE FREE FROM ANY VIRUS OR OTHER CODE THAT IS CONTAMINATING OR DESTRUCTIVE BY NATURE AND YOU ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT AS WELL AS PROTECTION FROM SUCH VIRUSES OR OTHER CODE THAT MAY CONTAMINATE OR DESTROY YOUR SYSTEM OR DATA.

This disclaimer of warranty is an essential part of this Agreement.

No advice or information, whether written or oral, obtained by you from It's a Groundswell or from or through the content or service shall create any warranty not expressly stated in this Agreement.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE USE OF THE CONTENT OR SERVICE, UNDER ANY CONTRACT, BREACH OF DUTY OF CARE, STRICT LIABILITY, ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL DAMAGES OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF OR INTERRUPTION TO BUSINESS; LOSS OF REPUTATION; LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; LOSS OF USE; INABILITY TO USE THE SERVICE OR THE CONTENT; LOSS OR DAMAGE TO OR CORRUPTION OF DATA; DAMAGE TO ANY OTHER SOFTWARE, HARDWARE OR OTHER EQUIPMENT; THE UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA; THE UNAUTHORIZED DISCLOSURE OF SENSITIVE, VALUABLE, OR CONFIDENTIAL INFORMATION; THE DELETION, FAILURE TO STORE, DELIVERY, FAILURE TO DELIVER OR UNTIMELY DELIVERY OF CONTENT; LOSS ATTRIBUTABLE TO YOUR FAILURE TO MAKE AND RETAIN REASONABLE BACK UPS OF YOUR MATERIAL; ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR ANY COSTS OF PROCURING SUBSTITUTE GOODS, SERVICES, TECHNOLOGY OR RIGHTS; OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THIS AGREEMENT.

You agree to indemnify and hold It's a Groundswell, its officers, directors, employees, agents, shareholders, licensors, suppliers, and any third party distributors harmless from and against any and all damages, losses, costs including attorney fees and expenses resulting from any violation by you of this Agreement or asserted by any third party due to or arising out of your use of or conduct with respect to the content or Service.

Termination

We reserve the right to terminate this Agreement and your use of the content and Service at any time and for any reason or no reason at all. If we reasonably believe that you have failed to comply with any provision of this Agreement, we may terminate this Agreement immediately with or without any prior notice. Termination is not an exclusive remedy and all other remedies will be available to us if you fail to comply with the provisions of this Agreement, whether or not we decide to terminate this Agreement.

We may, at our sole discretion and at any time, and from time to time, modify or discontinue temporarily or permanently providing the content or Service or any part thereof with or without notice. You agree we will not be liable to you or any third party for any termination, suspension or modification of the content or Service. Our right to modify the content or service applies to all or any aspect of the content or service, including, without limitation, changes to the pricing. Your continued access or use of the content or service shall be deemed your acceptance of such modifications.

You may terminate this Agreement at any time by giving us written notice of your intention to do so. Upon any termination of this Agreement, you shall immediately destroy all copies of the content in your possession or control and cease all use of the service. All rights granted to you shall revert to us.

Export Control Laws

The export and re-export of the Software and other materials are controlled by the export laws and regulations of Canada and the United States, as they may be amended from time to time. Accordingly, you certify that you are aware of and will comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Software and other materials to any destination requiring such a license.

In addition, neither the Software nor Services may be exported or re-exported to Cuba, Iran, Libya, Sudan, or any other country to which Canada or the United States prohibits the export of goods, technology, or services or to nationals of those countries, wherever located.

Moreover, neither the Software nor Services may be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals maintained by the U.S. government. By downloading the Software, you are certifying that you are not a national of one of the above-listed countries or of any other country to which Canada or the United States embargoes goods, services, or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

Jurisdiction and Other Provisions

This Agreement and the relationship between us and you shall be governed in accordance with the laws of the State of North Carolina. Any dispute between you and us regarding this Agreement will be subject to the exclusive jurisdiction of the state and federal courts in the State of North Carolina. You agree to submit to exclusive jurisdiction in the State of North Carolina, and you expressly waive all defenses to jurisdiction.

This Agreement is the entire agreement between you and It's a Groundswell relating to your use of the content or service and supersedes any other communications or advertising with respect to the content and service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Modifications of Agreement

We may modify this Agreement at any time without providing notice to you. Such modification will be made by posting a revised agreement on our web site and such modification shall be deemed effective immediately upon posting of the modified Agreement. Your continued access or use of the content or service shall be deemed your acceptance of the modified Agreement. You agree to check our web site periodically to review such modifications.

Contacting Us

If you have any questions about these terms or the practices of this site, please contact us.