Terms of Use

Terms of Use
February 3 2006

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. We will post a notice here when we make material changes to these terms. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions

These terms and conditions apply to your use of the site www.newt.org owned and operated by Gingrich Communications (the "Site", “we”, “us”, “Newt.org”). These terms and conditions do not apply to your use of unaffiliated sites to which the Site only links.

Intellectual Property Ownership

All intellectual property rights in the contents of the Site, the speeches, graphics, podcasts, and all other property on the Site (the “Content”) are owned by the Site or its licensors. Our rights in and to the Content are protected by national and international copyright, trademark, and other intellectual property laws and treaties. The extent of your license to use the Content on the Site is limited to your own personal use. Your commercial use of the Content is strictly prohibited. We reserve the right to revoke your license and terminate your access rights to the Site with or without notice to you at any time for any reason, including, but not limited to your express violation of the limited license provided to you.

Linking to our Website

If you link to the Site you agree not to:

create frames around the Site or use otherwise alter the Site’s visual presentation;
imply that Newt.org is endorsing you or your products and services;
imply an affiliation between you and Newt.org without our prior written consent;
present false or misleading impressions about our products and services;
contain materials that may be interpreted as distasteful or offensive.
In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site. You agree to remove any links you have to the Site upon our request.

Third Party Links

These terms and conditions apply only to Newt.org, and not to the sites of any other companies or organizations, including those to which we may link. We are not responsible for the availability of any other site to which Newt.org links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.

Collaborative Editing

We offer a unique opportunity for you to create your own white paper, or expand the content of speeches, white papers, or articles (“Writings”) that Newt Gingrich has given in the past through use of our “collaborative editing” functionality. You may download an unedited or previously edited version of a Writing, or start a new Writing and post or repost your version of the Writing with your edits included (“Your Edits”). Please note that by your participation in collaborative editing you are granting the Site a non-exclusive, perpetual, unlimited right in and to the intellectual property rights in your Edits. We are free to use Your Edits in any manner whatsoever, including but not limited to later incorporation into future Writings, and making further edits to Your Edits, without attributing such edits to you and without the requirement of compensating you. Further, other users of the Site may download Your Edits, further revise them, and repost a version that contains Your Edits as well as those of third parties. You expressly agree to such third party use of Your Edits. Also note that your userid will be associated with Your Edits and Your Profile may be accessible by users of the Site if you opted for such access when you registered.

We or our licensors retain complete ownership of the intellectual property rights in the unmodified version of Writings prepared by Newt Gingrich that you download. You may only use the download of a Writing or create a Writing for your personal, non-commercial use. At no time are you permitted to remove any copyright or proprietary notices on the pages of a Writing or to further distribute the Writing (whether or not the redistributed copy contains Your Edits) and at no time will you impliedly or expressly represent that this Site or Newt Gingrich in any way endorses or supports Your Edits.

Use of Personal Information/Registration on Site

We only use personal information that is voluntarily provided to us. When you become a registered user of the Site you must provide us with a first and last name, postal code and email address. You must also create a userid and password. You may provide us other personal information (e.g. address and phone number) and your discretion. At the time of your registration we give you the option to choose what subset, if any, of your personal information, you would like made available to other users of the Site (“Your Profile”). At no time will we reveal any information that you have not expressly given us permission to reveal.

You may change Your Profile or unsubscribe from the Site at any time by signing in to the “My Newt” section of the Site and clicking the “Change Profile” option. Your request to change your profile will be processed within twenty-four (24) hours of receipt.

If you choose to participate in our Collaborative Editing, Your Profile will be associated with your userid and will available for other users to see, provided you opted to have others see Your Profile when you registered. Additionally, if your username and postal code may be available for others to see if you opted to participate in the “Find Activists in Your Area” feature.

Participation in “My Newt” allows us to forward messages sent by other users to your “private message” area. This area operates as your inbox or private message center within the Site and is in no way connected to your email address. Any user who participates in My Newt is agreeing to allow other users to send private messages to their My newt.org private message center. Additionally, users may add other users’ userids to their “newt.org buddy list”. We will not send you an email to notify you of a private message or reveal your personal email address to any other user. You are responsible for periodically checking your My Newt private message center. If you choose to reveal your email address to any third party you do so at your own risk.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.

Polls

The polls taken on the Site are for entertainment purposes only, are not scientifically valid, and do not reflect the views or opinions of Newt Gingrich or the Site.

Downloads of iNewts / Use of Podcasts

The Site’s podcasts, including “iNewts”, consist of free mp3 files of speech clips and commentaries given by Newt Gingrich as well as downloadable audio files from third parties. These mp3 files may be downloaded to your computer and then transferred to your MP3 player.

These Terms of Use and the Privacy Policy govern your use of the podcasts. Any uses of a podcast not expressly granted in these Terms of Use are strictly prohibited. Prohibited uses include, but are not limited to, the incorporation of advertising or the placement of advertising or any additional content within the podcast itself, and the use of the iNewts in a manner which suggests or implies that this Site or Newt Gingrich endorses any products, services or causes of a third party. You may not edit or modify the iNewt or podcast content or links in any manner whatsoever.

We or our licensors retains all ownership and other rights in the podcasts and in any and all intellectual property used in connection with the podcasts.

We reserve the right to cease offering any or all of the podcasts at any time or to require you to cease any and all use of the podcasts at any time for any reason. We assume no liability for your activities in connection with the podcasts or for your use of the podcasts in connection with your website, computer or MP3 player.

Product Descriptions

Newt.org and its affiliates attempt to be as accurate as possible when describing a product for sale on the Site. However, we do not warrant that the product descriptions are complete, reliable, current, or error-free.

Exchange Policy

Our exchange policy is simple. Within 30 days of your receipt of your order, you may return any defective item for an exchange so long as it is in its original condition. Please note that we do not offer refunds generally and will only offer a refund for a defective item if we are not able to offer you an exact replacement. For your protection, we recommend that you use UPS or Insured Parcel Post for shipment.

Interactive Forums

An "interactive forum" means any blogs, message board, chat room, or similar interactive service appearing on Newt.org. You must comply with instructions that you will find on Newt.org in order to contribute to any interactive forum.

You may not post on any interactive forum any material that is libelous, defamatory, obscene, abusive, invades a person's privacy, violates any intellectual property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component.

We are not responsible for material appearing in any interactive forum on the Site, except for material signed by an identified representative of Newt.org. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings.

By posting on the Site, you give (or warrant that the owner of such rights has expressly granted) us the perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for such use.

Opinions of Commentators or Forum Posters

The content of any posting in any interactive forum or of any podcast is solely the opinion of the individual providing such content. The statements made on any of the podcasts is the opinion of the party(ies) on the podcast. We in no way endorse, or support the opinions of others, or accept liability for those opinions, nor are any statements made on this Site or on the podcasts the statements of the Site or Newt Gingrich (unless statements are actually made by Newt Gingrich on a podcast or iNewt or on this Site).

Passwords

You are responsible for maintaining the confidentiality of your userid and password, if any. You agree to notify us as soon as you discover any unauthorized use of your password.

You may have access to restricted or password-protected areas of the Site. If you do, we may use cookies. "Cookies" are small text files that are either used for the duration of a session ('session cookies'), or saved on a user's hard drive in order to identify that user the next time he/she logs on to the website ('persistent cookies'). We may use 'session cookies' to identify registered users logging in to the restricted areas of the Site. These cookies are deleted from the component's server soon after the session ends and are not collected or saved. We may also use 'persistent cookies' when a registered user clicks on the "save password" check box on login. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that, although if you do disable cookies from your browser you may not be able to access certain sections of the website.

If you believe that your copyright in any material has been infringed by Newt.org, please contact our us at:

Copyright Agent for Notice
Gingrich Communications
1425 K Street, NW
Suite 350
Washington, DC 20005
Attn: Deputy Communications Director

Disclaimers

THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER Newt.org NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Newt.org OR THE SERVER THAT MAKES THE FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF USE OF THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We do not warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services (including, but not limited to the bookstore).

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR AFFILIATES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.00.

Indemnity

You agree to defend, indemnify and hold harmless Newt.org, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorneys fess, that arise with your use of the site, your posting, downloading or transmission of all communications or material on this site or from your violation of applicable law.

Parental Permission

Newt.org may, at its discretion, require users under the age of 13 to obtain the consent of a parent or guardian to view certain content, and Newt.org may limit access to certain content to users above a specified age. Users under the age of 13 are not allowed to participate in our interactive forums. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If we require your personal information and you are under age 13, parental consent will be required before you are able to access those services where your personal information is necessary.

Governing Law

These terms will be governed by and construed in accordance with the laws of Georgia, excluding all conflict of laws rules. Except as provided in the Injunctive Relief section, any action related to or arising out of these terms will be filed only in the Georgia courts and you consent to the jurisdiction of said courts.

Injunctive Relief

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Newt.org will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Newt.org may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Newt.org will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Newt.org’s rights to relief in either law or equity.

Miscellaneous

If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Newt.org relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to emails@newt.org.

Legal Notices

Copyright © 2006, Gingrich Communications, Inc. All rights reserved. Some portions of this site are used under license. All brands and product names are trademarks or registered trademarks of their respective owners.