Last updated November 8, 2020
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
This site is operated by the Biden-Harris Transition (“we,” or “us”). These Terms & Conditions (“Terms”) apply solely to your access to, and use of, the website operated by the Biden-Harris Transition and other websites, and other online services which link to these Terms and are operated by the Biden-Harris Transition (the “Sites”).
We reserve the right to change or modify any of the terms and conditions contained in the Terms at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
All questions or comments about the Sites or site content should be directed to firstname.lastname@example.org.
1. Copyright and Limited License. As between you and us, with respect to any material that is not considered work of the United States Government, we own all software, text, graphics, tools, links, recommendations, and other content or material provided in or through use of the Sites (all of which form part of and are collectively referred to as the “Sites” herein), and all worldwide intellectual property rights in the foregoing.
Except with respect to any work of the United States Government, we grant you a limited, personal, revocable, non-transferable and non-exclusive right and license to access and use the Sites for your personal and non-commercial use and for their intended use only. Any software provided through or used to operate the Sites is licensed, not sold, to you by us and is subject to any third party license terms of which we notify you. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, lease, sublicense, distribute copies of, adapt, create derivative works based on, or otherwise use the Sites.
With respect to comments, feedback, information, files and content you submit or make available through the Sites (collectively, “User Content”), you grant us a worldwide, perpetual, irrevocable, royalty-free and non-exclusive license to use such User Content to manage, provide, monitor, repair, improve, analyze and operate the Sites and the Biden-Harris Transition. If we use your feedback or other User Content, you are not entitled to any compensation.
2. Trademarks. Any trademark, service mark, logo or trade name contained in the Sites, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such trademarks without our permission. Nothing in these Terms grants you any right to use any trademark, service mark, logo or trade name of ours or any third party.
3. Third-Party Sites, Functionality and Content. The Sites may make third-party content available on or through the Sites (“Third Party Content”). Our Sites also may link or otherwise provide access to third-party websites and other products and services (collectively, “Third Party Products and Services”). These Third Party Products and Services and Third Party Content are not under the control of the Biden-Harris Transition, and the Biden-Harris Transition is not responsible for their content, quality, nature, reliability, privacy, data security or other practices or their handling of information you make available to them.
5. Prohibited Conduct. You may not access or use, or attempt to access or use, the Sites to take any action that could harm us or any other person or entity, interfere with the operation of the Sites, or use the Sites in a manner that violates any laws. For example, and without limitation, you may not:
- Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit or violate any other individual’s intellectual property, privacy, or other rights;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or use any other unauthorized automated means to compile information;
- Attempt to probe, scan, test the vulnerability of, or breach the security of any system or network, including without limitation via any viruses, corrupted data, or other harmful, disruptive or destructive files, except as authorized under our Vulnerability Disclosure Policy; or
- Violate any local, state, federal, or international law or take any action intended or reasonably expected to harm us or any other entity.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Sites for any or no reason at any time without notice.
6. INDEMNIFICATION. YOU AGREE TO COMPENSATE US FULLY AGAINST ANY CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE SITES, YOUR BREACH OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAW, OR YOUR VIOLATION OF ANY RIGHT OF ANOTHER PERSON OR ENTITY.
7. DISCLAIMERS. YOUR USE OF THE SITES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY THE BIDEN-HARRIS TRANSITION, THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE BIDEN-HARRIS TRANSITION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS AND AS TO ACCURACY OR RELIABILITY OF THE SITES (INCLUDING INFORMATION, CONTENT, FORMS OR FUNCTIONALITY ACCESSED THROUGH THE SITES). THE BIDEN-HARRIS TRANSITION DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SITES, OR THE SERVICES ARE ADEQUATE, ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
THE BIDEN-HARRIS TRANSITION IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES, PROGRAM, OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT, ACTIVITY, OR PROGRAM ORGANIZERS OR OTHER USERS OF THE SITES OR FOR ANY THIRD PARTY PRODUCTS AND SERVICES OR FOR ANY THIRD PARTY CONTENT OR FUNCTIONALITY. THE BIDEN-HARRIS TRANSITION RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITES AND ANY SERVICES OFFERED THROUGH THE SITES AT ANY TIME WITHOUT NOTICE.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE BIDEN-HARRIS TRANSITION, THE GENERAL SERVICES ADMINISTRATION OR OTHER GOVERNMENT AGENCIES, THEIR INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, CONSULTANTS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, ASSIGNS, AND AGENTS (COLLECTIVELY, “TRANSITION PARTIES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE BIDEN-HARRIS TRANSITION, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE BIDEN-HARRIS TRANSITION’S RECORDS, PROGRAMS OR SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BIDEN-HARRIS TRANSITION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS OR THESE TERMS EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT THAT YOU PAID TO ACCESS THE SITES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
9. Applicable Law and Venue. These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without resort to its conflict of law provisions. 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 and federal courts located in the State of Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
10. Termination. Notwithstanding any of these Terms, the Biden-Harris Transition reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and/or to block or prevent your access to and use of the Sites.
11. Miscellaneous. These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. If any provision of these Terms shall be deemed 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 and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Sites.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use.