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Terms of Service

PLEASE CAREFULLY READ THESE TERMS OF SERVICE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.

This website is owned and operated by By The People Inc. (referred to herein as "By The People"). The following Terms ("Terms") apply exclusively to your access to and use of this website as well as any other websites, mobile sites, applications, or online services that link to Terms and are owned and operated by By The People (referred to herein as the "Site" or "Sites" or "website").

Due to periodic changes in federal, state, and local laws, the services offered by and the structure of By The People's platform, as well as those of its service providers and affiliates, these Terms may change. We reserve the right to amend or modify these Terms at our discretion. Any such changes shall become effective immediately upon publication on the website. By using this website, you waive any rights you have to individual notification of changes and are responsible for regularly reviewing the Terms. By accessing or using the website, users acknowledge and agree to be bound by the most current version of the Terms.

Copyright and Trademark Notice

All content and materials on this website, including but not limited to text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, data, software, and audio files (collectively referred to as "Site Materials" or "Contents"), are the proprietary property of By The People or its licensors, protected by U.S. and international copyright laws.

Users are granted a non-exclusive, limited, non-transferable license to access and use the website and Site Materials for personal, informational, and non-commercial purposes only. This license is subject to these Terms and does not permit:

  1. Commercial use or resale of the website or Site Materials
  2. Reproduction, distribution, public performance, or display of Site Materials, except as explicitly permitted
  3. Modification or creation of derivative works
  4. Use of data mining, robots, or similar data extraction methods
  5. Downloading of Site Materials beyond normal page caching, unless expressly allowed
  6. Any use not aligned with the intended purpose of the website

Any unauthorized use of the website or Site Materials is strictly prohibited and will result in immediate termination of this license. Such use may also violate applicable laws, including copyright, trademark, and communications regulations.

Unless explicitly stated otherwise, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without prior written permission from By The People or its licensors. All rights not expressly granted herein are reserved to By The People and its licensors.

If you violate any of these Terms, your permission to use the Site Materials automatically terminates, and you must immediately destroy any copies you have made of any portion of the Site Materials. This license does not confer any intellectual property rights and can be revoked at any time.

Privacy Statement

We respect your privacy and are committed to protecting your personal information. Our use of your data is governed by our Privacy Policy, which can be found at [link to full privacy policy]. Please also see our Privacy Policy for how Cookies are collected and used by our site. By using this website, you consent to the collection and use of your information as described in the Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold harmless By The People, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

You agree to indemnify and hold the Service Providers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:

  1. Your use of the website or its services;
  2. Your violation of these Terms;
  3. Your violation of any rights of another; and/or
  4. Your violation of any applicable laws, rules, or regulations

The Service Providers reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with the Service Providers in asserting any available defenses.

This indemnity provision will survive the termination of your relationship with By The People and your use of the website. You acknowledge that By The People would have no way of providing the services to you without the protection of this indemnity provision.

By The People reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with By The People's defense of such claim.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY THE PEOPLE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  1. Your access to or use of or inability to access or use the website;
  2. Any conduct or content of any third party on the website;
  3. Any content obtained from the website; and
  4. Unauthorized access, use or alteration of your transmissions or content, whether BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BY THE PEOPLE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID BY THE PEOPLE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BY THE PEOPLE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE THAT BY THE PEOPLE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BY THE PEOPLE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BY THE PEOPLE.

Permitted Use

By accessing and using this website, you agree to comply with these Terms of permitted use. Further, by accessing and using this website you acknowledge that all images, graphics, code, software, text and other content that is used or incorporated on the website are the sole and exclusive property of By The People and any rights granted to you herein are not deemed to grant any ownership in such intellectual property rights to you. Subject to your compliance with these Terms, By The People grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the website for personal, non-commercial purposes. By The People expressly retains sole title and interest to any and all information and content on the website. Your violation of these terms constitute a breach of contract and By The People will strictly enforce all of its rights under the law, including seeking prosecution against violators.

You may:

  1. Access and view the content on the website for informational purposes.
  2. Print or download content for personal, non-commercial use, provided that you maintain all copyright and other proprietary notices.
  3. Share links to the website or its content through social media or other platforms, for personal, non-media, non-commercial, use as long as you do not misrepresent the source or nature of the content and as long as the original link is unaltered. For the avoidance of doubt, media or campaign users are expressly prohibited from sharing any information or content from the website without the express written consent of By The People.

You may not, and the above-referenced license does not grant you the right to:

  1. Use the website for any unlawful purpose or in violation of any local, state, federal, or international law.
  2. Attempt to gain unauthorized access to any portion of the website or any other systems or networks connected to the website.
  3. Use the website to transmit or upload any viruses, malware, or other malicious code.
  4. Modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the website.
  5. Remove any copyright, trademark, or other proprietary rights notices contained in or on the website.
  6. Use any robot, data-mining, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, extract or index any portion of the website.
  7. Circumvent, or attempt to circumvent, any measures we employ on the website, either directly or through a third party, to protect the website against actions that are prohibited herein.
  8. Reproduce, duplicate, copy, sell, resell, distribute, transfer, or exploit for any commercial purposes any portion of the website, use of the website, or access to the website without express written permission from By The People.
  9. Interfere with or disrupt the operation of the website or the servers or networks used to make the website available.
  10. Impersonate or attempt to impersonate By The People, a By The People employee, another user, or any other person or entity.
  11. Collect or store personal data about other users without their express permission.

By The People reserves the right to monitor your use of the website and to suspend or terminate your access at any time if we believe you have violated these terms of permitted use.

By using this website, you acknowledge that any unauthorized use of the website may result in immediate termination of your license to use the website and may subject you to legal action and damages.

By The People reserves the right to modify, suspend, or discontinue any aspect of the website at any time without notice or liability.

External Links

This website may contain links to external websites that are not under the control of By The People. We are not responsible for the content or privacy practices of these external sites. The inclusion of any link does not imply endorsement by By The People of the site or the products and services it offers.

Intellectual Property Policy

All content on this website, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of By The People or its content suppliers and is protected by U.S. and international copyright laws. Unauthorized use, reproduction, modification, distribution, or duplication of any content on this site is strictly prohibited.

User-Provided Content and Data

By uploading or providing any data, content, or information to the Site ("User Content"), you represent and warrant that:

  1. You are either the exclusive owner of all rights in the User Content, or you have obtained all necessary licenses, permissions, and consents to use and share such User Content.
  2. Your use and sharing of the User Content does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.

By The People expressly disclaims any and all liability arising from the infringement of intellectual property rights or any other rights of third parties related to User Content. You agree to indemnify and hold By The People harmless from any claims, damages, or expenses arising from your breach of these representations and warranties.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of New York State, without regard to its conflict of law provisions. Any dispute arising under or relating to these terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, New York.

Use of Third-Party Information

This website may contain information, links, and content from third parties ("Third-Party Content"). By The People does not endorse, verify, or vouch for the accuracy of any Third-Party Content.

Your use of or reliance on any Third-Party Content is at your own risk. We recommend conducting your own research before acting upon any Third-Party Content.

By The People is not responsible for any third-party websites linked from our site. We do not control their content and are not liable for any loss or damage arising from your use of them.

Third-Party Content may be protected by intellectual property rights. You agree to respect all copyright notices and restrictions associated with such content.

By The People reserves the right to remove any Third-Party Content from our website at any time without notice.

THE THIRD-PARTY CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. BY THE PEOPLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY CONTENT.

Service Availability and Interruptions

We strive to provide continuous access to our website and services. However, you acknowledge and agree that:

  1. The website may experience temporary interruptions due to maintenance, updates, or technical issues.
  2. We do not guarantee uninterrupted or error-free service.
  3. We are not liable for any losses or damages resulting from service interruptions.
  4. We reserve the right to suspend or terminate access to the website at our discretion, with or without notice.

By using our website, you accept these potential interruptions as a normal part of online services.

Acknowledgement Statement

By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. You also acknowledge and agree that:

  1. You have the legal capacity to enter into this agreement and are of legal age in your jurisdiction to form a binding contract.
  2. You will comply with all applicable laws and regulations when using this website.
  3. The information you provide to us through this website is accurate, current, and complete.
  4. You are solely responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account.
  5. You have read and understand our Privacy Policy, which explains how we collect, use, and protect your personal information.
  6. You accept that these Terms may be updated from time to time without prior notice, and it is your responsibility to review them periodically.
  7. Your continued use of the website following any changes to these Terms constitutes your acceptance of those changes.
  8. If you do not agree with any part of these Terms, you must immediately discontinue your use of this website.
  9. These Terms, along with our Privacy Policy and any other legal notices published by us on the website, constitute the entire agreement between you and By The People concerning your use of this website.
  10. You understand that By The People reserves the right to terminate your access to the website if you violate these Terms or for any other reason at our sole discretion.
  11. You acknowledge that any breach of these Terms may result in immediate termination of your account and/or legal action against you.

By continuing to use this website, you are indicating that you have read, understand, and fully accept these Terms. If you do not agree to these Terms, you must exit this website immediately and discontinue any use of the services it offers.

Last updated: July 11, 2024

Please direct any questions, comments, or concerns about these Terms to generalinquiries@bythepeopleus.com.