Thank you for visiting our website located at www.gainnow.org. The Site is owned and operated by the GROW AMERICA’S INFRASTRUCTURE NOW Coalition and is governed by these Terms and Conditions of Use (this “Agreement”). This Agreement is a binding agreement between Grow America’s Infrastructure Now and you, the user (“You”). This Agreement states the terms and conditions under which you are authorized to use the Site. By accessing or using the Site, you agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, please do not use the Site.
Grow America’s Infrastructure Now reserves the right, in its sole discretion, to change, modify, move, add or remove portions of this Agreement, from time to time, without notice to you. Your continued use of the Site following any such changes will constitute your acceptance and agreement to be bound by such changes. As long as you comply with this Agreement, Grow America’s Infrastructure Now grants you a personal, non-exclusive, non-transferable, non-commercial, limited privilege to access and use the Site. If any provision of this Agreement is unlawful, void or unenforceable, it will not affect the validity or enforceability of any other provisions.
Use of Site and Site Content. The Site may be used only for your personal purposes of a non-commercial, informational nature. Other than as expressly permitted in this Agreement, you are not permitted to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site without our prior written permission. As an exception to the foregoing, you are allowed to display and, unless we expressly state otherwise, electronically copy, download onto your device, and print single copies of any page of the Site content as long as you use it solely for your own internal, noncommercial, lawful use.
You may not engage in harvesting of e-mail addresses or other personal information or any other activity with the purpose of obtaining lists of users or other information in connection with the Site. You will not use the Site in any manner that could damage, disable, overburden, or impair the functionality of the Site or interfere with any other individual’s use or enjoyment of the Site.
Use of the Site as made available through a third-party social sharing platform such as Twitter or Facebook is also subject to the platform’s applicable terms and conditions.
Intellectual Property. Grow America’s Infrastructure Now and its licensors own all right, title and interest in and to the Site, including all content, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view or access on the Site.. Your use of the Site does not grant to you ownership in or rights to any of the foregoing. All trademarks, logos and other marks on the Site are owned by Grow America’s Infrastructure Now, its affiliates, or their licensors. Unless Grow America’s Infrastructure Now consents in writing, you do not have any license or authorization to use any Grow America’s Infrastructure Now intellectual property, including trademarks and website content, by virtue of your use of the Site. Grow America’s Infrastructure Now has adopted the following general policy toward copyright infringement. It is Grow America’s Infrastructure Now’s policy to (1) block access to or remove material that Grow America’s Infrastructure Now believes in good faith to be copyrighted material that has been illegally copied and distributed by any of Grow America’s Infrastructure Now’s advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
If you have a good faith belief that your copyright is being infringed by any content on the Site, please send a notice that includes the information listed below (the “Notice of Claimed Infringement”) to:
Grow America’s Infrastructure Now
PO Box 63382
Washington, DC 20035
Phone: (202) 813-9319
Notice of Claimed Infringement must include, at a minimum, the following information:
- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- an identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such material;
- your contact information;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Third Party Links. We may provide on or through the Site links to other websites or resources. You acknowledge and agree that we have no control over such websites and resources, are not responsible for the availability of such external websites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external websites or resources. Any links to such third party websites are for your convenience only, and you access them at your own risk.
You may create a link from your website to the Site, without prior written permission, through a plain-text link, namely Grow America’s Infrastructure Now.
You may not use any trademarks or service marks as links to the Site from other websites, or as machine-readable search terms such as metatags Grow America’s Infrastructure Now reserves the right to revoke your permission to link to the Site at its absolute and sole discretion. Any third party website that links to the Site agrees that it: (1) will not create a frame around content of the Site; (2) will not replicate the content of the Site; (3) will not state or imply that Grow America’s Infrastructure Now sponsors or endorses the third-party website; (4) will not libel or present false or misleading information of any kind, including defamatory or disparaging information about Grow America’s Infrastructure Nowand (5) will not contain any content that may be construed as illegal, immoral, offensive, or otherwise inappropriate. The posting or creation of any link to the Site signifies that you have read and agree to abide by this Agreement.
Service Modification or Termination. We reserve the right at any time and from time to time to modify or discontinue (whether temporarily or permanently) the Site or any part thereof, with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Site. We may also, at our sole discretion, under any circumstances, for any or no reason whatsoever and without prior notice to you, immediately terminate your access to the Site and will not be liable or responsible to you or any third party for such termination.
Disclaimer. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. GROW AMERICA’S INFRASTRUCTURE NOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GROW AMERICA’S INFRASTRUCTURE NOW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED WITHIN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE OR SERVER FROM WHICH IT IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GROW AMERICA’S INFRASTRUCTURE NOW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SITE OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIABILITY AND OTHER DISCLAIMERS. GROW AMERICA’S INFRASTRUCTURE NOW IS NOT AND WILL NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, DIRECTLY OR INDIRECTLY RELATED TO: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; OR (C) ANY OTHER MATTER RELATING TO THE SITE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF BREACH ANY TERMS OF THIS AGREEMENT).
Indemnity. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Grow America’s Infrastructure Now, its officers, directors, employees, agents, licensors, partners and affiliates from and Grow America’s Infrastructure Now’s losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site via your social media account(s) or ISP address. We reserve the right to take over the exclusive defense of any claim. This section will survive termination of your access to the Site.
Jurisdictional Issues. The Site is operated out of the United States and the Site and content thereon are intended for U.S. users. Site may not be available to users outside of the United States. Grow America’s Infrastructure Now makes no representation that materials or information on the Site are appropriate or available for use outside of the United States, and access to them from jurisdictions where their content is illegal is prohibited. Those who choose to access a Site outside of the United States do so at their own initiative and are responsible for compliance with applicable local laws.
Choice of Law, Miscellaneous. All matters relating to your access to or use of the Site shall be governed by the laws of the State of Texas without regard to conflicts of laws or choice of laws provisions thereof. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to your access or use of the Site shall be in an appropriate state or federal court located in the State of Texas and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your access or use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. These Terms and Conditions of Use constitute the entire agreement between Grow America’s Infrastructure Now and you with respect to the Site and supersede all prior or contemporaneous communications, agreements and understandings with respect to the subject matter hereof. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings.
Effective: January 01, 2017