TERMS AND CONDITIONS

These are the terms and conditions for:

By using the website, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words “website” refers to The National Center website, “we”, “us”, “our” and “The National Center” refers to The National Center for Public Policy Research and “you”, “donor” and “user” refers to you, the user of The National Center.

The following terms and conditions apply to the website offered by The National Center. This includes the mobile and tablet versions as well as any other version of The National Center accessible via desktop, mobile, tablet, social media or other devices.

READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION FROM THE NATIONAL CENTER.

  1. ACCEPTANCE OF TERMS

This agreement sets forth legally binding terms for your use of The National Center. By using the website, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.

The website is available for all ages. It is the responsibility of parents and legal guardians to determine whether use of the website or any of the content available on the website is appropriate for their child or ward.

The National Center may, in its sole discretion, refuse to offer the website to any entity or user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

By using the website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.

  1. NEWSLETTER

By providing The National Center with your email address, you agree that we may use your email address to send you important notifications and communications about our organization, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the emails themselves. This option may prevent you from receiving emails about our organization, important news and special content.

  1. DONATIONS

The user will be able to make donations through the website by entering the value to be donated or by selecting a default value.

Donations will be processed through the following payment processors:

  • Stripe
  • Donorbox
  • PayPal

Payment for the respective donation will be charged to the credit/debit card or PayPal account immediately after the donation is made, depending on the amount chosen by the donor. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide.

If you find any inconsistency in your billing, please contact us through our contact details or you can make the claim through the customer service of the corresponding payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch, or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the respective donation payment can be charged and processed.

The donor may choose to make a one-time donation or a monthly donation. In the case of a monthly donation, you authorize The National Center to automatically charge you each month through the payment method selected by the donor. The billing date will be 30 days after you make your first donation and choose to donate monthly. The user will be able to cancel the monthly donations at any time to avoid the next automatic monthly charge. To cancel a monthly donation the donor must send us a request through our contact information.

Your payment details will be treated and protected securely and for the sole purpose of processing donations. The National Center reserves the right to engage any commercially available payment processor to process your data for the sole purpose of processing donations.

  1. DISCLAIMER

By visiting the website and accessing the content available on the website, you accept personal responsibility for the results of the use of the information and content available on the website. You agree that The National Center does not guarantee the results of actions advised or not advised by this website and the content available on the website. The National Center provides resources and content for informational purposes only. You acknowledge and agree that your ultimate success or failure in using the information and content available on the website will be the result of your own efforts, your particular situation and a variety of other circumstances beyond The National Center’s control. This disclaimer is not intended to exclude any warranty implied by law which cannot be lawfully excluded.

  1. ADVERTISING

Through the website, The National Center may make available to users, commercial and advertising information, own or third parties in accordance with good business practices. In these cases, The National Center does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the website serves as a communication and advertising channel, but not as a tool for the provision of services and products. Consequently, it is the full responsibility of the users to access third party sites, assuming the obligation to verify and know the conditions of the services and products offered by such third parties.

  1. COPYRIGHT

All materials on The National Center, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by The National Center or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on The National Center are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without The National Center prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize The National Center or any part of the material for any purpose other than its intended purposes is strictly prohibited.

  1. COPYRIGHT INFRINGEMENT

The National Center will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). The National Center respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that The National Center can find it on the website.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
  1. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to The National Center or licensed to The National Center by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information or software obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the website for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The National Center.
  • Circumvent, disable or otherwise interfere with security-related features of the website.
  1. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet The National Center provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our website for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse The National Center for any loss or damage caused as a result.

The National Center will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, The National Center excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to The National Center and The National Center shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from The National Center.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.
  1. INDEMNIFICATION

You agree to defend and indemnify The National Center from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your use of the website.
  1. CHANGES AND TERMINATION

We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users and clients. In addition, we may terminate our agreement with you under these terms at any time by notifying you in writing (including by email) or without notice.

  1. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by The National Center, shall constitute the entire agreement between you and The National Center concerning and governs your use of the website.

  1. DISPUTES

The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the website, shall be resolved by binding arbitration between the user and The National Center, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event of a dispute arising in connection with the use of the website or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website.

The courts of Delaware, shall have jurisdiction over any dispute, controversy or claim relating to The National Center and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in Delaware.

  1. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United States. Use of the website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these terms and conditions.

Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

  1. CONTACT INFORMATION

If you have questions or concerns about these terms and conditions, please contact us using the contact information below:

The National Center for Public Policy Research.

General Email: [email protected]