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TERMS & CONDITIONS

The following are terms of a legal agreement (the "Agreement") between you and Centrist Messenger, LLC, ("Centrist Messenger") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by Centrist Messenger. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Centrist Messenger.

Centrist Messenger reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Centrist Messenger may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.


USE OF PERSONALLY IDENTIFIABLE INFORMATION
Centrist Messenger's practices and policies with respect to the collection and use of personally identifiable information are governed by Centrist Messenger's Privacy Policy.


Accuracy of Information
Centrist Messenger works hard to make sure all information provided on the Site is accurate, up-to-date and complete. However, the information and materials on the Site may contain errors or inaccuracies, including both typographical and substantive errors and Centrist Messenger does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content. Centrist Messenger disclaims liability for errors or omissions in the content. Centrist Messenger reserves the right, in its sole discretion, without any obligation and without any notice requirement, to discontinue, change, improve or correct the information, materials and descriptions on the Site and to suspend or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. Any dated information is published as of its date only, and Centrist Messenger has no responsibility to update or amend any such information.
Links to 3rd party websites
These Terms of Services apply only to our Site. Centrist Messenger provides links to other websites, but does not control what those websites say or do. Centrist Messenger is not responsible for other sites' content, information collection practices, or use of the information they collect. Centrist Messenger does not make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and Centrist Messenger shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
Links to other websites do not constitute an endorsement of those sites or their content, owners, posters or other materials presented on such sites, but are only for your convenience and you access them at your own risk.
You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Such third-party sites may have a privacy policy different from that of Centrist Messenger and the third-party site may provide less security than this Site.
Centrist Messenger encourages you to link to the Site, but you acknowledge that such linking does not constitute an endorsement by us of you, your website, or any information or content therein.

Campaign Finance Laws
Political contributions are governed by campaign finance laws. Centrist Messenger makes its best efforts to ensure that all contributions made through the Site are in accordance with these laws. However, as all advertisements sold at Centrist Messenger are indented to be independent expenditure as defined by the FEC, you are personally responsible for compliance with applicable campaign finance laws.

Use of Information
The entire Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content") is copyrighted. Certain articles or materials within the Site also may be separately copyrighted by Centrist Messenger or by others, as indicated. If you find these materials useful, you may download, copy, display, print out, or send a copy to others so long as each copy indicates the appropriate copyright notice, credits Centrist Messenger as your source, and is used only for your personal use. You are expressly prohibited, however, from downloading, copying, displaying, printing out, or sending a copy to others for bulk or commercial uses, or for any defamatory or otherwise illegal purpose. You acknowledge that the permission granted in this section does not constitute an endorsement by Centrist Messenger of you or your use of the information and content. Please contact Centrist Messenger directly for special copyright permissions.

Limitation on Use
You may not attempt to gain unauthorized access to the Site, or computer systems or networks connected to the Site, through hacking, password or data mining, or any other means to circumvent security procedure. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any service we provide, or interfere with any other party's use and enjoyment of the Site.

You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Centrist Messenger's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Centrist Messenger makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Centrist Messenger.

Age Limits
Members of the Centrist Messenger community must be U.S. Citizens that are 18 years of age or older. Children under the age of 18 are not eligible to participate in the offerings on this website.

User-Contributed Content
Content posted on our Site by our users is not guaranteed by Centrist Messenger as to accuracy, completeness, or usefulness, and Centrist Messenger does not endorse any content posted by its users. It is the responsibility of the Site users to evaluate the accuracy, completeness or usefulness of any content posted on the Site by other users.
You agree not to upload, post or otherwise make available on our Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting material, you grant (or warrant that the owner of such material has expressly granted) to us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You grant us the right to edit, copy, publish and distribute any material you make available to us.. You will indemnify us for, from and against all claims, losses, costs and expenses resulting from the content and information you supply.
You may not post or otherwise make available on our Site any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your content. Further, you may not make use of our services to forge e-mail headers, or send bulk unsolicited e-mail messages. We have the right, but not the obligation, to monitor the content posted on our Site to determine compliance with our Terms of Service and/or to satisfy any law, regulation or government request. We have the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted on our Site including, but not limited to, material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, graphic, or otherwise objectionable.
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Centrist Messenger member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver's license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a "Google® search" or other online research).


Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Centrist Messenger AND ITS AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AS TO THE OPERATION OF THIS SITE, OR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY INFORMATION CONTAINED HEREIN IS AT YOUR SOLE RISK. WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Additionally there are no warranties as to the results of your use of the content. Centrist Messenger does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
CENTRIST MESSENGER MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND Centrist Messenger, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively “Centrist Messenger Parties”) DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. CENTRIST MESSENGER RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL CENTRIST MESSENGER PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF CENTRIST MESSENGER PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. CENTRIST MESSENGER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT CENTRIST MESSENGER PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Trademarks
Centrist Messenger (including the Centrist Messenger logo), CentristMessenger.com, and all related logos (collectively the "Centrist Messenger Trademarks") are trademarks or service marks of Centrist Messenger. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Centrist Messenger or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Centrist Messenger trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. Centrist Messenger prohibits use of any of the Centrist Messenger trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Centrist Messenger Trademarks, or whether any mark or logo is a Centrist Messenger Trademark, should be referred to Centrist Messenger.

Indemnification
You agree to indemnify and hold harmless Centrist Messenger Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the Centrist Messenger Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Centrist Messenger Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Centrist Messenger. You further agree to indemnify and hold harmless Centrist Messenger Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.

MONITORING OF THE SITE
Centrist Messenger has no obligation to monitor the Site; however, you acknowledge and agree that Centrist Messenger has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

Modifications
Centrist Messenger reserves the right to modify these Terms of Service at any time by posting such change here. Your continued use of the Site after such change is made constitutes acceptance of and agreement to be bound by the Terms of Service as modified.

Copyright Policy
Centrist Messenger respects the intellectual property of others, and asks users of the Site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Centrist Messenger has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. Centrist Messenger may also at its sole discretion limit access to our Web site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement

If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Centrist Messenger's designated agent. Notification should include:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material you claim is infringing is located on the Site;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
Centrist Messenger's agent for notification of claimed copyright infringement is: Edward A. Giedgowd, telephone: (415) 593-5400, fax: (415) 869-2877, email: ed@Centrist Messenger.com. Need to fill in contact Infor.



AVAILABILITY
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and Content no distribution or solicitation is made by Centrist Messenger to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.


TERMINATION
This Agreement is effective until terminated by Centrist Messenger. Centrist Messenger may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Centrist Messenger's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

WAIVER
Failure by Centrist Messenger to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

APPLICABLE LAW AND DISPUTE RESOLUTION

This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Delaware, without regard to its conflict of laws rules. You agree that you will notify Centrist Messenger in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Centrist Messenger a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Centrist Messenger.

OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Centrist Messenger.

ADDITIONAL TERMS
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

GENERAL PROVISIONS
This Agreement supersedes any previous Terms of Use Agreement to which you and Centrist Messenger may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

 


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