Terms of Use

By accessing or in any way using this website owned by Cause of Action, you agree to Cause of Action’s Privacy Policy (to view our Privacy Policy click here) and the following Terms and Conditions. If you do not agree to any aspect of the Privacy Policy or to these Terms and Conditions, please do not use this website.

 

Although we may attempt to notify you when major changes are made to our Privacy Policy or these Terms and Conditions, you should periodically review the most up-to-date versions. Cause of Action may, in Cause of Action’s sole discretion, modify, or revise the Privacy Policy and these Terms and Conditions at any time, and you agree to be bound by such modifications or revisions. Your continued use of this website indicates your acceptance of the Privacy Policy, these Terms and Conditions, and any changes therein.

 

This website is intended for use exclusively by persons older than 18. By accessing or in any way using the this website, you affirm that you are more than 18 years of age and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. And you agree to abide by and comply with these Terms and Conditions.

Warranties and liability

Your use of this website is at your sole discretion and your sole risk.   The information provided is believed to be accurate and is offered in good faith by Cause of Action.  However, the content on this website is in no way a statement of express or implied warranty of the accuracy of information provided by this website.  Cause of Action expressly disclaims all express and implied warranties regarding the content of this website, including, but not limited to, those for merchantability and fitness for a particular purpose, to the extent permitted by applicable law.  While Cause of Action takes reasonable precautions to protect the website against computer viruses and other malicious programs, Cause of Action accepts no liability for them. If you are dissatisfied with any portion of the website or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. If you have a specific question on which you require assistance please contact us using the “Contact Cause of Action” tab which appears on every page of this website.

Cause of Action provides this website as a public service for general information only. The materials contained herein may not reflect the most current legal developments. Such material does not constitute legal advice, and no person should act or refrain from acting on the basis of any information contained in this website without seeking appropriate legal or other professional advice on that person’s particular circumstances. Cause of Action and all contributing authors expressly disclaim all liability to any person with respect to the contents of this website, and with respect to any act or failure to act made in reliance on any material contained herein.

Transmission of the information on FTJfoundation.org and/or causeofaction.org does not create or constitute an attorney-client relationship between Cause of Action and any viewer or user of such information. This website is not intended to be advertising or solicitation, and Cause of Action does not wish to represent anyone who desires representation based upon viewing this website in a state where this website fails to comply with all laws and ethical requirements of that state.

Cause of Action, its affiliates, agents, directors, employees, officers, and trustees, will not be liable for any damages or injury that accompany or result from your use of this site. In no event shall Cause of Action, its affiliates, agents, directors, employees, officers, and trustees, be liable to you for any damages whatsoever, including, but not limited to direct, indirect, incidental, special, punitive, or consequential damages  resulting from your use of this site. The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Cause of Action will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Some state laws may disallow Cause of Action from limiting or excluding liability for incidental or consequential damages. If you live in such a state where the laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. In any event, however, Cause of Action’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the website.

Website Content

All materials provided by Cause of Action contained in this website (“Cause of Action Content”) are the copyrighted property of Cause of Action, unless otherwise attributed. Cause of Action Content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use. Cause of Action Content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use Cause of Action Content in any way or for any other purpose without the prior express written permission of Cause of Action. Additionally, you may not add, delete, distort, or misrepresent any Cause of Action Content.

The trademarks used in this website are owned either by (1) Cause of Action or (2) their respective trademark owners. The names of actual companies and products mentioned may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed anywhere on this website or in any Cause of Action Content. All rights are reserved.

Any attempts to modify any Cause of Action Content or to defeat or circumvent this website’s technical security measures without the prior express written permission of Cause of Action are prohibited.

Website Use

You agree that you will not use this website in any way that is:  unlawful; disallowed by these Terms of Use; or violates the rights of any else or restricts or inhibits anyone else’s use or enjoyment of this website. You may not use this website in any manner that could damage, disable, overburden, interfere or impair this website, the networks connected to this website, or any other party’s use and enjoyment of this website. You are prohibited from making any attempt to gain unauthorized access to any Cause of Action account, computer system, or network through hacking, password mining, or any other means not intentionally made available by Cause of Action. Cause of Action has the sole and absolute discretion to grant or deny access to its websites as it deems appropriate.

The information on this website is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. Accordingly, if it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence, or otherwise) it is not directed at you. Before reviewing the pages of this website, you must be satisfied that doing so will not result in such a contravention and is not so prohibited, and by proceeding to review them you will be confirming that this is not the case. The information and materials on this website and all intellectual property rights in or relating to them are the property of Cause of Action, and any reproduction, publication, broadcast, or posting by you for your own benefit is prohibited, unless you obtain prior written approval from Cause of Action.

You agree to use this website in such a way as not to violate applicable laws, and any use to the contrary of such laws is expressly prohibited.

Cause of Action reserves the right to remove any and all Cause of Action Content, user-submitted content, and/or any other content related to this website at any time without prior notice. Further, Cause of Action reserves the right to deny access to any user at any time without any prior notice for violation of these Terms and Conditions.

Submitting Your Content to the Site

You agree not to submit, upload or post any material whatsoever to this site which:

  • Libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening;
  • Infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability;
  • Falsifies or deletes author attributions, legal notices or other proprietary designations;
  • Violates any law, rule, or regulation;
  • Constitutes or encourages conduct that could constitute a criminal offense, under any applicable law, rule, or regulation;
  • Violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
  • Contains viruses, corrupted files, or other materials that could damage another’s computer,
  • Advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation,
  • Is deceptive, or misleading; or
  • Impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity.

If any portion of the content posted by any visitor is found by Cause of Action to be in violation of any website policy, including these Terms and Conditions, at any time, Cause of Action reserves the right to modify or remove such content or delete such submissions at any time without prior notice.

Warranty

By submitting content to this website, you represent and warrant that the content is your original work, that the content does not violate any agreement between you and a third party, and that the content shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You also represent and warrant that all submitted content complies will all applicable website policies.  You agree that you will, at your own expense, defend, indemnify, and hold harmless Cause of Action, its affiliates, related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.

Grant of Rights/License

By submitting User Submissions to this site, you hereby grant Cause of Action an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and Cause of Action may sublicense all or part of its rights under this license or assign them to third parties.

DMCA Notice and Takedown

As required by the Digital Millennium Copyright Act Section 512(c)(2), if you believe that any material or content on this website infringes your copyright, you must send a notice of claimed infringement to Cause of Action’s Designated Agent at the following address:

Daniel Epstein, Copyright Agent
Cause of Action
2100 M Street N.W., Ste #170-247
Washington, D.C. 20037-1233
202.507.5880

Written Notice: To be effective under Section 512(c)(3)(A), you must provide Cause of Action a written notification that includes the following elements:

  • A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
  • A description of the location on this website (or, if the infringing information is located on another website linked to through this website, information about the location of the link or reference on this website) where the alleged infringement is occurring, providing sufficient detail to allow Cause of Action to locate the infringing material;
  • Your name, address, telephone number, and email address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; andYour physical or electronic signature.

Cause of Action does not permit copyright infringing activities and infringement of intellectual property rights on this website, and Cause of Action will remove the infringing content if properly notified of infringement. As stated above, Cause of Action reserves the right to remove any and all content and user submissions without prior notice.

Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to Cause of Action’s Designated Agent:

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
  • Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Arlington, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
  • Your physical or electronic signature.

If a counter-notice is received by the Cause of Action’s Designated Agent, Cause of Action may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that Cause of Action will cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Cause of Action’s sole discretion.

Links to Other Sites

This website may contain hyperlinks to websites operated by third parties. You agree not to hold Cause of Action responsible for the content or operation of any and all such outside websites. A hyperlink from this website to another website does not imply or mean that Cause of Action endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from this website. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of Cause of Action or Cause of Action’s respective employees, agents, or directors.

Indemnity

You agree to indemnify and hold harmless Cause of Action, its affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.

Termination

Cause of Action or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from this website, and (b) all related documentation and all copies and installations. Cause of Action may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy any and all such materials.

Miscellaneous

This is the entire agreement between the parties relating to the use of this website.The above Terms and Conditions will be governed by the law of the Commonwealth of Virginia, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Virginia.

These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cause of Action without restriction.

You and Cause of Action agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.

If you need to contact Cause of Action, please see the following information:

Cause of Action
2100 M Street N.W., Ste #170-247
Washington, D.C. 20037-1233
202.507.5880