Terms of use
1. AGREEMENT TO AND ACCEPTANCE OF TERMS OF USE
The Wyoming Truth, makes available its website at www.wyomingtruth.org (together with any other website The Wyoming Truth may provide now or in the future under these Terms of Use, collectively, “The Wyoming Truth Site”), and provides the information, documents, and other content through The Wyoming Truth Site (collectively, the “Content”), and provides services available through The Wyoming Truth Site (collectively, the “Services”) pursuant to the terms and conditions set forth below, as well as the terms and conditions and privacy policy incorporated herein by reference (collectively, these “Terms of Use”), which constitute a legally binding agreement between The Wyoming Truth and the individual who accesses, uses, or registers for Content or Services through The Wyoming Truth Site (“you” or the “User”). Any individual, company, or professional organization who register any User hereby represents and warrants that he or she has the authority to act on behalf of the User and is authorized to bind the User to this User Agreement.
PLEASE READ THESE TERMS OF USE CAREFULLY. YOU MAY ACCEPT THESE TERMS OF USE DURING THE ACCOUNT REGISTRATION PROCESS OR LOGIN PROCESS, WHICH CONTAIN THE EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE. YOU MAY ALSO ACCEPT THESE TERMS OF USE THROUGH YOUR ACTIONS. ACCESSING OR USING THE WYOMING TRUTH SITE, THE CONTENT, OR THE SERVICES CONSTITUTES YOUR AGREEMENT BY YOUR ACTIONS TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, THEN PLEASE DO NOT ACCESS OR USE THE WYOMING TRUTH SITE, THE CONTENT, OR THE SERVICES. THESE TERMS OF USE WAS LAST UPDATED ON JULY 1, 2022.
2. AMENDMENTS TO THESE TERMS OF USE
You understand that The Wyoming Truth may amend these Terms of Use from time to time on a prospective basis without notice to you. A link to these Terms of Use is presented at the bottom of each page of The Wyoming Truth Site and, by completing accessing The Wyoming Truth Site and/or using the Content or Services, you accept any amendments made since your last acceptance of the terms of these Terms of Use. Such use of The Wyoming Truth Site constitutes agreement to the amended Terms of Use on a prospective basis. Accordingly, you should review these Terms of Use each time you elect to visit The Wyoming Truth Site. The Wyoming Truth may elect to provide you with e-mail, text or other notice of any amendment these Terms of Use (and may summarize any such amendment), provided that you have voluntarily disclosed such information to The Wyoming Truth, but neither the failure to provide, nor any inaccuracy in, any such notice shall affect your acceptance of the modified terms of these Terms of Use by use of The Wyoming Truth Site.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE TO THESE TERMS OF USE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE WYOMING TRUTH SITE AND CEASING ALL USE OF THE CONTENT AND SERVICES. IF YOU CONTINUE TO ACCESS THE WYOMING TRUTH SITE OR USE THE CONTENT OR SERVICES IN ANY MANNER AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF USE.
3. DESCRIPTION OF THE WYOMING TRUTH SITE AND SERVICES OFFERED
The Wyoming Truth Site provides information concerning news dedicated to helping the community and fighting for the rights of Wyoming citizens. The Wyoming Truth Site may also make available through The Wyoming Truth Site functionality which permits users to donate to the further development of The Wyoming Truth and/or receive newsletters. At its discretion, The Wyoming Truth may offer additional Content or Services, or update, revise or otherwise modify The Wyoming Truth Site and any Content or Services, in which case these Terms of Use shall apply to the modified The Wyoming Truth Site and any and all such additional or modified Content or Services. The Wyoming Truth reserves the right to discontinue, suspend, cancel or otherwise cease offering The Wyoming Truth Site or any Content or Services, with or without prior notice, either generally or specifically with respect to you. The User agrees that The Wyoming Truth shall not be held liable for any such additions, updates, revisions, modifications, discontinuances, suspensions, cancellation or cessation of any of The Wyoming Truth Site, Content, and/or Services.
4. DONATIONS / MEMBER CONTRIBUTIONS
If you wish to make a financial contribution to The Wyoming Truth via The Wyoming Truth Site, you must be a resident of the state of Wyoming, provide your name, a valid email address, and your payment details on the applicable form. You may not make a financial contribution to The Wyoming Truth if doing so is prohibited by applicable law. By becoming a Member, you represent and warrant that all information you submit is truthful and accurate and that making a donation to The Wyoming Truth does not violate any applicable law or regulation. You agree that: (a) you will not use an expired, overdrawn, unauthorized, or otherwise invalid payment instrument; (b) you authorize your donation to be remitted to The Wyoming Truth; (c) all donations are made as unrestricted gifts and may not be specified for any particular purpose; (d) designated donation and payment amounts will be charged to payment instrument you provide; and (e) all contributions are final and non-refundable. You acknowledge that The Wyoming Truth may refuse to accept your donation without liability, for our convenience, if you violate this Agreement or any law, rule, or regulation, or if your contribution could violate any applicable law, rule, or regulation. Each membership term shall automatically renew for subsequent periods of the same length as the initial term unless either party gives the other written or electronic notice.
5. ACCURACY OF INFORMATION PROVIDED
When you donate to The Wyoming Truth Site or participate in the Services provided, such as email newsletters, you will be required to provide additional information and data about yourself or your use of the Services and you may be required to upload copies of documents or other materials, the details of which shall be determined by the input requirements of The Wyoming Truth Site from time to time. You hereby represent, warrant and covenant that all of the information, text, software, data, documents, photographs, images, music, video, messages, tags or any other content and other materials you provide through The Wyoming Truth Site or otherwise, whether through the registration process, through the functionality of The Wyoming Truth Site or otherwise in connection with your use of the Services (collectively, your “Submitted Content”) is and will be accurate, correct, current and complete.
6. PRIVACY POLICY
Information that you provide to The Wyoming Truth through The Wyoming Truth Site or Services will be treated by The Wyoming Truth in compliance with The Wyoming Truth Site’s Privacy Policy which can be accessed via a link at the bottom of each page of The Wyoming Truth Site and which is hereby incorporated into and made a part of these Terms of Use.
7. ADDITIONAL REPRESENTATIONS AND WARRANTIES AND COVENANTS
You represent, warrant, covenant and agree that:
- All of your Submitted Content is accurate, correct, current and complete and, in the event any Submitted Content maintained with respect to your profile or registration with The Wyoming Truth Site becomes out of date or otherwise inaccurate, incorrect or incomplete, you will promptly update your Submitted Content to ensure its remains accurate, correct, current and complete.
- You have all necessary rights to submit all Submitted Content you provide to The Wyoming Truth through The Wyoming Truth Site or otherwise and to grant the authorizations set forth in these Terms of Use with respect thereto and the use of such Submitted Content in accordance with these Terms of Use does not and will not infringe or misappropriate any intellectual property or other proprietary rights of any third party.
- You will utilize The Wyoming Truth Site and perform all activities relating to these Terms of Use in accordance with all applicable laws and regulations.
In the event that you do not comply with the requirements of these Terms of Use, The Wyoming Truth may suspend or terminate your access to The Wyoming Truth Site and the Content and/or Services, in its sole discretion.
8. OWNERSHIP OF THE WYOMING TRUTH SITE AND CONTENT
Except for your Submitted Content, as between The Wyoming Truth and you, The Wyoming Truth Site, the Services, and all information, text, software, data, photographs, music, video, messages, tags or any other Content made available through The Wyoming Truth Site or Services, and all intellectual property rights therein (including, without limitation, database rights, copyright, design rights, trademarks and other similar rights wherever existing in the world), are and shall remain the sole property of The Wyoming Truth and you hereby assign, convey and transfer to The Wyoming Truth any rights you may acquire therein. The Wyoming Truth Site and the Content may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Wyoming Truth, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on The Wyoming Truth Site or any Content, in whole or in part. You will not attempt to hack, crack or otherwise access any portion of The Wyoming Truth Site which is not made available by The Wyoming Truth in the ordinary course of making The Wyoming Truth Site generally available to registered users. The Wyoming Truth herein reserves the right to use security components that may permit digital Content to be protected (including, by way of example and not limitation, digital watermark technology), and you agree that use of protected Content is subject to usage guidelines established by The Wyoming Truth or any other providers supplying the Content. You shall not attempt to override or circumvent any such security components.
9. TRADEMARKS
All trademarks, service marks, logos and trade names on The Wyoming Truth Site, whether registered or unregistered, are proprietary to The Wyoming Truth or to other companies where so indicated. THE WYOMING TRUTH is a trademark of The Wyoming Truth.
10. FEEDBACK
The Wyoming Truth may provide mechanisms for you to contribute feedback to The Wyoming Truth Site or Services. If and to the extent that you submit any feedback, ideas, documents, suggestions and/or proposals concerning The Wyoming Truth Site, Content, or Services (“Contributions”), you agree that: (1) The Wyoming Truth is granted a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from and otherwise utilize in any manner all such Contributions, (2) The Wyoming Truth is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for any such Contribution nor is The Wyoming Truth under any obligation to ensure or maintain the confidentiality of any Contribution; and (3) The Wyoming Truth shall accordingly be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit. You further represent and warrant that your Contributions do not contain any type of confidential or proprietary information and are not subject to any proprietary rights of any third party.
11. THIRD PARTY SERVICES AND CONTENT
Content or Services may be made available or accessed in connection with third party content and services (including advertising) that The Wyoming Truth does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. The Wyoming Truth does not endorse such third party services and content and in no event shall The Wyoming Truth be responsible or liable for any products or services of such third party providers. Without limitation to the foregoing, The Wyoming Truth Site may contain references or links to third-party materials and services not controlled by The Wyoming Truth or its suppliers or licensors. The Wyoming Truth provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that The Wyoming Truth is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Content or Service.
12. CONDUCT ON THE WYOMING TRUTH SITE
You agree to follow the following basic rules of conduct when using The Wyoming Truth Site and/or Services:
- You will comply with these Terms of Use and all applicable laws.
- You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of The Wyoming Truth Site, or features that enforce limitations on the use of The Wyoming Truth Site or any content therein;
- You will not modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of The Wyoming Truth Site or any software used on or for The Wyoming Truth Site or rent, lease, lend, sell, redistribute, license or sublicense The Wyoming Truth Site or access to any portion of The Wyoming Truth Site.
- You will not cause any third party to engage in, or assist or encourage any third party engaging in, any restricted activities identified above.
If you violate any of the rules of conduct set forth above, or any other aspect of these Terms of Use, The Wyoming Truth reserves the right to suspend or terminate your use and/or access to The Wyoming Truth Site, Content, or the Services without giving you any notice. The Wyoming Truth further reserves the right (but shall have no obligation) to at any time remove and/or delete any Content that The Wyoming Truth determines in its sole discretion to be inappropriate or undesirable for The Wyoming Truth Site.
13. INDEMNITY
You shall indemnify and hold harmless The Wyoming Truth and its subsidiaries and affiliates and their respective directors, officers, shareholders, managers, members, employees, printers, contractors, licensors, suppliers, vendors, partners, agents and representatives (collectively “The Wyoming Truth Parties”) from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by The Wyoming Truth Parties and arising out of or in connection with (a) your Submitted Content; (b) any use of The Wyoming Truth Site, Content, or Services by any person who uses The Wyoming Truth Site, Content, or Services while acting on your behalf; (c) your violation of any provision in these Terms of Use; (d) your violation of any laws or of any rights of a third party, or (e) any other matter relating to your use of The Wyoming Truth Site or Services.
14. WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE WYOMING TRUTH SITE, SERVICES, AND CONTENT ARE AT YOUR SOLE RISK. THE WYOMING TRUTH SITE, SERVICES, AND CONTENT ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. THE WYOMING TRUTH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE WYOMING TRUTH SITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, THE WYOMING TRUTH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (I) THE WYOMING TRUTH SITE, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS; (II) THE WYOMING TRUTH SITE, SERVICES, OR CONTENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WYOMING TRUTH SITE, SERVICES, OR CONTENT WILL BE ACCURATE OR RELIABLE; (IV) QUALITY OF ANY SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE OBTAINED THROUGH THE WYOMING TRUTH SITE, SERVICES, OR CONTENT WILL MEET YOUR EXPECTATIONS; AND (V) THAT ANY ERRORS CONTAINED IN THE WYOMING TRUTH SITE SHALL BE CORRECTED. ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE WYOMING TRUTH SITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.
15. EXCLUSIONS FROM AND LIMITATIONS ON LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE WYOMING TRUTH PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE WYOMING TRUTH PARTIES MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR. IN ADDITION, THE LIABILITY OF THE WYOMING TRUTH PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE RELATING TO THESE TERMS OF USE IS LIMITED TO THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO THE WYOMING TRUTH IN THE TWELVE MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY.
16. NOTICE AND COMMUNICATIONS
The Wyoming Truth may furnish you with notices relating to these Terms of Use by any reasonable means currently known or which may be developed including, but not limited to email, regular mail, MMS or SMS, text messaging, or postings on The Wyoming Truth Site. To the extent that The Wyoming Truth uses any contact information you have provided through your registration for The Wyoming Truth’s newsletters or otherwise, you agree that transmittal in accordance with such contact information shall be deemed valid notice to you, and any failure by you to update such contact information shall not affect the validity of such notice given to you.
If you wish to contact The Wyoming Truth, you may use the following contact information.
The Wyoming Truth
506 South Eighth Street
Laramie, WY 82001
Email: info@wyomingtruth.org
In addition to notices under these Terms of Use, by entering into these Terms of Use or using The Wyoming Truth Site, you agree to receive communications from The Wyoming Truth, including via e-mail.
17. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS PROCEDURES
If you believe that any of the Content on The Wyoming Truth Site infringes upon your copyright, or otherwise violates your intellectual property rights, you should provide to The Wyoming Truth agent identified below all of the following:
a. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c. A description of the Content, and its location within The Wyoming Truth Site, which you allege is infringing upon your intellectual property;
d. The physical address, telephone number, and email address of the owner of the intellectual property;
e. A statement, in which you state that the alleged and disputed use of your copyright or other intellectual property is not authorized by the owner of the copyright or other intellectual property, its agents or the law;
f. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is true and accurate, and that you are the copyright or intellectual property owner, or a representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Wyoming Truth’s agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
The Wyoming Truth
Attn: Designated Agent
506 South Eighth Street
Laramie, WY 82001
Email: info@wyomingtruth.org
18. GENERAL TERMS
These Terms of Use shall govern the use of The Wyoming Truth Site, Services, and Content, superseding any prior version of these Terms of Use, and constitutes the entire agreement between you and The Wyoming Truth with respect to The Wyoming Truth Site, Services and Content. The headings in these Terms of Use are inserted as a matter of convenience only, and do not define, limit, or describe the scope of these Terms of Use or the intent of the provisions hereof. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the person may in the context require. The use of the words “include,” “including” or variations thereof in these Terms of Use shall be deemed to be by way of example rather than by limitation. No failure or delay in exercising or enforcing any right or provision of these Terms of Use shall constitute a waiver of such right or provision. You and The Wyoming Truth mutually agree that the relationship between the parties shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The parties agree that there are no third-party beneficiaries to these Terms of Use. The Wyoming Truth may at any time assign The Wyoming Truth’s rights under these Terms of Use or any part hereof. You may not sell or assign any of your rights under these Terms of Use or any part hereof, either voluntarily or by operation of law, without the prior written consent of The Wyoming Truth. Subject to the foregoing, these Terms of Use shall be binding upon The Wyoming Truth, you and The Wyoming Truth’s and your respective legal representatives, successors and assigns.
