Terms of Service
When using these sites, you agree to the terms and conditions listed on this page (the "Terms of Service"). You can always check out the most current version of these Terms of Service at this page. In addition, when using particular site services, you shall be subject to any posted guidelines applicable to such services, including poll, sweepstakes and forums, and any terms or conditions applicable to these services provided in conjunction with any of these sites content and service partners.
All such rules and guidelines are hereby incorporated by reference into the Terms of Service.
If you do not agree to these Terms of Service please do not use the site and do not register to be a member of any of the sites.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of our Service following the posting of changes to these terms (including polls, sweepstakes and forums) will mean you accept those changes.
American Politics Journal Publications in conjunction with our development partners Koopersmith Inc. and Gaudette & Associates, is a multi-purpose web site which allows you to use or access a wealth of products and services, including e-mail subscriptions, search services, chat rooms, bulletin boards, shopping services, news, opinion, and a broad range of other content (collectively the "APJP Service"). These Terms of Service apply to the these Service as well as any new products or services that we may add in the future (unless stated otherwise).
General Terms of Service and, Restrictions on Use of Materials
By using any APJP Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, American Politics Journal Publications reserves the right to terminate your access the APJP Service. American Politics Journal Publications may discontinue or alter any aspect of the APJP Service, including, but not limited to, (i) restricting the time the APJP Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the APJP Service, at American Politics Journal Publications's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the APJP Service through an available access number unless otherwise stated. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the APJP Service unless otherwise stated. You further certify that you are an individual and, if you are participating in the UDR Sweepstakes, that you are 18 or older.
In order to permit American Politics Journal Publications to protect the quality of its products and services, you hereby consent to American Politics Journal Publications employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. American Politics Journal Publications shall not disclose the existence or occurrence of such an investigation unless required by law.
You acknowledge that the APJP Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and American Politics Journal Publications owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The American Politics Journal Publications name and logo are trademarks of American Politics Journal Publications, Inc. All other trademarks appearing on the APJP Service are trademarks of their respective owners. American Politics Journal Publications's partners may also have additional proprietary rights in the content which they make available through the APJP Service. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other web site or networked computer environment is strictly prohibited. In the event you download software provided by American Politics Journal Publications, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by American Politics Journal Publications. American Politics Journal Publications does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a readable form.
If you elect to register to use any APJP Service and/or participate in the UDR Sweepstakes, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the American Politics Journal Publications's Service's registration form and surveys (such information being the "Registration and Survey Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or American Politics Journal Publications has reasonable grounds to suspect that such is the case, American Politics Journal Publications has the right to suspend or terminate your account and refuse any and all current or future use of the APJP Services (or any portion thereof).
Community Standards and Conduct in American Politics Journal Publications sponsored Forums
You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you post, email or otherwise transmit via the APJP Service. American Politics Journal Publications does not control all of the Content posted via the APJP Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the APJP Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will American Politics Journal Publications be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the APJP Service.
You agree to not use the APJP Service (including the American Politics Journal Publications Forums described below) to: upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, profane, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a American Politics Journal Publications official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the APJP Service or an American Politics Journal Publications Forum are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the APJP Service or servers or networks connected to the APJP Service, or disobey any requirements, procedures, policies or regulations of networks connected to the APJP Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another member or user of the APJP Service; or collect or store personal data about other users, or members. A "Forum" refers to a chat area, bulletin board, "instant messaging" or virtual community offered as part of the APJP Service. American Politics Journal Publications also provides its users with access to e-mail. The Forums and e-mail shall be used only in a noncommercial manner. You shall not, without American Politics Journal Publications's express written approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services.
All American Politics Journal Publications Forum communications, including but not restricted to chat, bulletin board communications and e-mails received by our staff and editors are public and not private communications. E-mails addressed to "email@example.com" are subject to publication, including identification and contact information pertaining to the addressee. Although American Politics Journal Publications reserves the right to remove without notice any Forum posting for any reason, we have no obligation to delete content that you may find objectionable or offensive. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) us a perpetual, royalty free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Your privilege to use American Politics Journal Publications Forums and contribute to discussions on the American Politics Journal Publications Forums depends on your compliance with the member conduct guidelines set forth above. American Politics Journal Publications may revoke your registration privileges and/or take any other appropriate measures to enforce these guidelines if violations are brought to our attention. Further, American Politics Journal Publications, in its sole discretion, may terminate your membership or participation in any community, chat room or other Forum for any reason.
Parental permission is required for children 12 years of age or under to use any American Politics Journal Publications Forums. Please remember, when using any APJP Services or Forums, you agree to abide by the member conduct guidelines set forth above.
American Politics Journal Publications reserves the right to monitor some, all, or no areas of American Politics Journal Publications Forums for adherence to these or other rules that may be published from time to time. You acknowledge that by providing you with the ability to distribute your content, American Politics Journal Publications is acting as a passive conduit for such distribution and American Politics Journal Publications is not undertaking any obligation or liability relating to any content or activities in any Forum or Forum area.
If at our request you send content (e.g., postings to chat, boards, contests, or e-mail to our editors) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of American Politics Journal Publications. None of the Submissions shall be subject to any obligation of confidence on the part of American Politics Journal Publications, and American Politics Journal Publications shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, American Politics Journal Publications shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
E-mail to Our Editors and Staff
All e-mail messages to American Politics Journal or its editors and/or staff, whether sent via Web form or via standard e-mail software to any address "@apj.us", are subject to publication, including identification of and contact information pertaining to the addressee; all such messages will not be treated as private communications.
The APJP Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because American Politics Journal Publications has no control over such sites and resources, you acknowledge and agree that American Politics Journal Publications is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that American Politics Journal Publications shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
American Politics Journal Publications uses diligent efforts to maintain the APJP Service, but American Politics Journal Publications is not responsible for any defects or failures associated with the APJP Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, American Politics Journal Publications makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the APJP Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the APJP Service may locate unintended and objectionable content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE APJP Service IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK American Politics Journal Publications EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
WITHOUT LIMITATION. American Politics Journal Publications MAKES NO WARRANTY THAT THE APJP Service WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE APJP Service WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE APJP Service WILL MEET YOUR EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APJP ServiceS IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM American Politics Journal Publications PERSONNEL OR THROUGH THE APJP Service SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.
Disclaimer Regarding Financial Information
The APJP Service allows you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The APJP Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by American Politics Journal Publications to be used for trading or investing purposes. American Politics Journal Publications shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the APJP Service, and shall not be liable for any trading or investment decisions made based on such information.
Disclaimer Regarding Shopping Retailers
The APJP Service provides shopping services to help you locate and potentially purchase products from online and off-line retailers, wholesalers, service providers, producers and others. American Politics Journal Publications does not, however, control these independent retailers and American Politics Journal Publications does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services. When shopping by means of services provided by American Politics Journal Publications you acknowledge and agree that:
American Politics Journal Publications does not endorse any of the products or services ("Merchandise") linked to from or through the APJP Service, although American Politics Journal Publications has taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through American Politics Journal Publications or their own web sites. American Politics Journal Publications expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or off-line transaction with any of these third parties. We also advise that you use American Politics Journal Publications transaction services to protect you from injury.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT American Politics Journal Publications SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF American Politics Journal Publications HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE APJP Service AND/OR PARTICIPATE IN THE American Politics Journal Publications SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APJP Service; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APJP Service; OR (v) ANY OTHER MATTER RELATING TO THE APJP Service OR OPERATION OF THE American Politics Journal Publications SWEEPSTAKES. IN NO EVENT SHALL American Politics Journal Publications ASSUME TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THESE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS American Politics Journal Publications INC., THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY American Politics Journal Publications OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that American Politics Journal Publications, in its sole discretion, may terminate your password, account (or any part thereof) or use of the APJP Service, and remove and discard any Content within the APJP Service, for any reason, including, without limitation, for lack of use or if American Politics Journal Publications believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. American Politics Journal Publications may also in its sole discretion and at any time discontinue providing the APJP Service, or any part thereof, with or without notice. Subject to any rights you may have under the Sweepstakes Rules, you agree that any termination of your access to the APJP Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that American Politics Journal Publications may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the APJP Service. Further, you agree that American Politics Journal Publications shall not be liable to you or any third party for any termination of your access to the APJP Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and American Politics Journal Publications relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of American Politics Journal Publications's successors, assigns and licensees.