1.         Your Acceptance

 

Access and use of the San Diego Institute for Policy Research, LLC website and services is provided by the San Diego Institute for Policy Research, LLC ("SDI", "Us" or "We").   Please read this Terms of Use Agreement ("Agreement") carefully before

using the SDI website and services (collectively the "Website"). The Website includes the site accessible at www.sandiegoinstitute.com together with any related websites operated by SDI at other domains. The Website also includes all features, content, or applications offered from time to time by Us in connection with the Website.

 

You are a user of the Website regardless of whether you are only browsing or visiting the Website, or have registered with SDI as a member (“Member”). By using the Website, you agree to be legally bound by all of the terms of this Agreement, and SDI’s Privacy Policy, which is incorporated herein by reference.

 

 

2.         Representations and Warranties

 

By using the Website you represent and warrant that you are at least 18 years old, that you have legal capacity to enter into this Agreement (i.e. that you are of sufficient mental capacity and are otherwise entitled to be legally bound in contract), that you have read and agree to abide by this Agreement, you have read and agree to our Privacy Policy, all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information, and your use of the Website does not violate any applicable law or regulation.

 

 

3.         Access to the Website

 

In order to access some of the features of the Website, you will have to register. You agree that the information you provide will be correct, current, and complete. When you register you will choose a username and provide an email address. If you submit information for posting, we will send an email so that you can verify your post. You may not use the username or email address of another at any time. You may not permit any other person to use your username or email to access the Website. You agree to notify SDI immediately if you suspect any unauthorized use of your username. You are solely responsible for any and all use of your username and email. 

 

SDI may terminate your registration at any time, without warning or notice, for any reason. In addition, we reserve the right, in our sole discretion, to refuse, restrict or suspend your access to the Website or any of its resources.

 

 

4.         User Content

 

SDI does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, art or any other materials that you post to the Website (collectively, "User Content"). By displaying or publishing any User Content on or through the Website, you hereby grant to SDI a limited, non-exclusive, worldwide, perpetual, irrevocable, paid-up, royalty-free, sublicensable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Website. Nothing in this license grant shall limit SDI from pursuing business plans that generate revenue in connection with User Content on the Website. This license does not entitle you to any payment or share of revenues from SDI.

 

You represent and warrant that: (i) you own the User Content posted by you on or through the Website or you otherwise have the right to grant the license set forth in this section, and (ii) any User Content posted on or through the Website does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person. You agree to pay any and all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.

 

 

5.         Prohibited Activity

 

In using or accessing the Website or its contents you agree that you will use the Website and its contents only for lawful purposes and in accordance with applicable law. You are prohibited from storing, distributing or transmitting any unlawful material through the Website. You may not collect or store personal information regarding other users. If a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials posted by other users or privately transmitted on or through this Website are the sole responsibility of such user, not SDI, and that SDI bears no responsibility or liability for any such postings or transmissions.

 

You may not post content to the Website in any form or otherwise make available on the Website any content, or act in a way, that: (1) libels, defames, invades the privacy of, or stalks any entity or person; (2) is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (3) seeks to exploit or harm children by exposing them to inappropriate content, solicits personally identifiable information or otherwise; (4) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (5) violates any law or regulation; (6) advocates or promotes illegal activity; (7) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (8) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) or otherwise solicits funds, advertisers or sponsors; (9) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (10) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files); (11) violates any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or (12) contains links to other sites containing the types of content described herein.

 

This is only a partial list of prohibited conduct. SDI reserves the right to investigate and take appropriate action, including, but not limited to, removing any content from the Website for any reason, suspending or canceling any registration, and/or commencing legal action against any user who posts or otherwise makes available any content that SDI, in its sole discretion, deems inappropriate. SDI reserves the right to determine, in its sole and absolute discretion, whether any User Content falls within any prohibited category or is otherwise impermissible. It is the policy of SDI to terminate the registration of those who are repeat infringers of copyright protected material.  

 

SDI grants you a limited, revocable, non-exclusive license, with no right to sublicense, to access, display, and copy material (excluding any software code) displayed or provided on the Website solely for your non-commercial, personal use. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, display, perform, modify, create derivative works of, sell, license, transmit, or in any way exploit any part of the Website or Website content, except as specifically permitted herein. Any copies you make of appearing on SDI’s website must include all copyright and other proprietary notices included on the original content. Without limiting the generality of the foregoing, you may not distribute any part of the Website over any network, including a local area network, nor sell or offer it for sale. Using any material displayed on the Website on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing any software used on the Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited, except as permitted by law.

 

You may not circumvent, disable or otherwise interfere with any security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

 

 

6.         Removal of Content

 

SDI does not endorse and has no control over the content posted by any user and has no obligation to review such content. SDI, in its sole and absolute discretion, may remove or modify any material posted by a user of the Website for any reason and without notice. SDI assumes no liability or responsibility for any content posted or other conduct by any user and has no obligation to remove or modify any content. You are solely responsible for the content that you upload or post to the Website and any material or information that you transmit to other members or in your transactions with other members or users. Content posted by users does not reflect the opinions or policies of SDI. 

 

 

7.         Intellectual Property Rights

 

The content on the Website, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Website Content") and the trademarks, service marks and logos contained therein ("Website Marks"), are owned by or licensed to SDI and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. SDI reserves all rights not expressly granted to you hereunder in and to the Website, Website Content and Website Marks. 

 

 

8.         Copyright Policy

 

If you believe in good faith that any content appearing on the Website has been copied in a way that constitutes copyright infringement, you may forward the following information to SDI’s Copyright Agent at San Diego Institute for Policy Research, LLC, Attention: Copyright Agent, 8910 University Center Lane, Suite 220, San Diego, California 92122; or via Facsimile to (866) 902-1248: (i) information reasonably sufficient to permit us to contact you as the complaining party, such as your name, address, telephone number, and email address at which you may be contacted; (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works; (iii) the exact URL or identification of the material that is claimed to be infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners. 

 

 

9.         Privacy

 

Use of the Website is further governed by SDI’s Privacy Policy, which is incorporated into this Agreement by reference.  

 

 

10.       Links to Other Websites

 

The Website (including user generated content) may contain links to other websites that are not operated by or maintained by SDI and are not covered by this Privacy Policy. SDI has no control over, and makes no representations or warranties or any kind with regard to, and has no responsibility or liability for the content of any other websites or their privacy policies or the way they collect, save, store and use information. You should review the privacy policy of each website you visit.

 

 

11.       Disclaimer of Warranties

 

THIS WEBSITE AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THIS WEBSITE AND ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK.

 

SDI, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE OR ANY SITES LINKED TO OR FROM THIS WEBSITE.

 

SDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SDI’s WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

 

12.       Limitation of Liability

 

IN NO EVENT SHALL SDI, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SDI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

 

13.       Indemnity

 

You agree to defend, indemnify and hold harmless the San Diego Institute for Policy Research, LLC, its members, managers, officers, directors, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors, from and against any and all claims, losses, expenses, damages, obligations, liabilities, and costs, including reasonable attorneys fees, arising from or related to: (a) your use of and access to SDI’s Website; (b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties; (c) your placement or transmission of any User Content on or through Website; (d) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (e) any claim that one or more of your postings or submissions to the Website has caused damage to a third party. This defense and indemnification obligation will survive your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

14.       Location/Consent to Transfer

 

The Website is hosted in the United States of America and is intended for and directed to users in the United States. Those who access or use the SDI Website from other jurisdictions do so at their own volition and risk and are solely responsible for compliance with local law. If you are accessing the Website from the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, your continued use of the Website, which is governed by this Agreement and our Privacy Policy under U.S. law, constitutes your consent to transferring your personal information to the United States.

 

 

15.       Modifications

 

We reserve the right, at any time and without notice to revise this Agreement by posting such revisions on the Website. Any such revisions are effective immediately upon posting on the Website and your continued use of the Website constitutes your agreement to be bound by any such revisions. You may review the current Agreement at any time by accessing the Website.

 

 

16.       Miscellaneous

 

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. No waiver of any provision of this Agreement by Us shall be deemed a further waiver of any of the provisions of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SDI without restriction. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or SDI may bring to enforce this Agreement or, in connection with any matters related to the Website shall be brought only in the State or Federal Courts located in San Diego, California, and you expressly consent to the exclusive jurisdiction of said courts over yourself and any such matters. This Agreement, together with the Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.

 

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.

 

This Agreement was last updated and became effective on July 23, 2007.