Effective August 8, 2017
1. Purpose, General Agreement and Disclaimer
By using this Website, you consent to be of service to the highest good for yourself and for humanity, on all levels, with your service supporting a global emancipation of the human race from unnecessary and outdated systems of bondage and suppression.
By using this Website, you agree to accept responsibility for your actions and their subsequent effects on others and on the world around you.
The material presented on this Website is not to be considered legal advice. In addition to videos, materials and communication tools, this Website includes a lawful process based in commerce (“liability action”) and should be treated as such. This information is presented in the spirit of service for the highest good, and is not intended to be utilized with the intention of greed, malice, or ill-will of any kind.
Responses to the liability action may vary greatly. InPower Movement BigPitcher Films, Take Back Your Power, and their respective owners, agents, advisors, donors, and affiliates cannot be held responsible for responses or actions resulting from anyone using this material. Please use responsibly, and govern yourself accordingly.
Thank you for being the change you wish to see.
2. Modifications of this Agreement
3. Website Access
3.1 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, InPower Movement hereby grants you permission to use the Website only as set forth in this Agreement, and provided that:
(i) other than short blurbs with link(s) to our Website, you will not copy or distribute any part of the Website in any medium without InPower Movement’s prior written authorization;
(ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose, such as in the Community section;
(iii) you will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the privacy of any user(s), the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the content therein, or interfere with any activity being conducted on the Website; and
(iv) you will not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
3.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to InPower Movement’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their “User Postings,” as that term is defined below. You agree that your User Postings both will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. InPower Movement reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate action against anyone who, in InPower Movement’s sole discretion, violates this provision.
4. Intellectual Property Rights and Fair Use Doctrine
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), which are owned by or licensed to InPower Movement, are subject to copyright and other intellectual property rights.
For clarity, as between you and InPower Movement, you retain ownership of the User Postings that you create.
Some of the Content on the Website is utilized pursuant to Fair Use doctrine, as recognized in [Title 17 of U.S.C. Section 107]. As such, no valid claim against InPower Movement may be made for copyright infringement for InPower Movement’s use of such Content.
InPower Movement reserves all rights not expressly granted in and to the Website and the Content, and no joinder can be made nor assumed by the statutory reference(s) in the Agreement, Content or Website.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by contacting us. InPower Movement may terminate your access to the Website or your membership at any time, for any reason, and without warning. Sections 2.3, 3, 6.2 through 6.6, and 8 through 14 shall survive termination of this Agreement for any reason.
6. Fees; Store; Screenings; Solutions Groups
6.1 Certain services and features of the Website are made available in exchange for fees. InPower Movement may charge fees for all or some of the Website’s services in its sole discretion. If payment for services or features of the Website is not received by its due date, access to these services and features will be suspended until payment is received. Responsibility for timely payment of fees lies with you. If InPower Movement terminates your registration or user account because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law. You may cancel your user account at any time, and cancellation will be effective immediately. You may control your User profile and how you interact with the Service by changing your account settings in the Community section.
6.2 You may purchase products and services directly from InPower Movement on the Website. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete or not current. InPower Movement periodically adds, updates and corrects the information in the Website without notice.
6.3 Users of the Website may organize screenings of the motion picture “Take Back Your Power” and videos in the “inPOWER” series, provided they inform us of their intention to do so via our contact page here, by a minimum of 4 days prior to the event.
6.4 Users of the Website may join the “InPower Community Forums” subject to the terms in this Agreement.
7. User Postings
7.1 The Website may also permit users to post their own content on the Website (“User Postings”), which includes content uploaded to the Communitysection, and other comments uploaded to posts and pages, excluding the My Action Centerpage. User Postings do not include content and data you upload on the My Action Centerpage related to your liability action process (“User Action Data”), which will not be publicly available on the Website.
7.2 You understand that whether or not such User Postings are published, InPower Movement does not guarantee any confidentiality with respect to any such submissions. Events hosted by InPower Movement may be recorded and made available for the benefit of other users of the Website. By participating, you grant permission for InPower Movement to capture your contributions to these events and publish them in text, audio, or video formats. You agree that these recordings will constitute “User Postings”.
7.3 You shall be solely responsible for your own User Postings and the consequences of posting or publishing them. You agree that InPower Movement has no liability with respect to any User Postings, including, without limitation, your own submissions, and you hereby irrevocably release the InPower Movement, its parent LLC, and its officers and directors, employees, agents, representatives, sponsors, donors and affiliates, from any and all liability arising out of or relating to User Postings or any part thereof. In connection with your User Postings, you affirm, represent, and warrant that you can and will demonstrate to InPower Movement’s full satisfaction upon its request that the posting of your User Postings on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. By uploading your User Postings to the Website, you give InPower Movement all non-exclusive rights and licenses necessary to use and otherwise exploit such User Postings for any purpose in connection with the Website and InPower Movement’s other related services. These rights are irrevocable, but you remain the owner of the User Postings that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Postings through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Postings as permitted through the functionality of the Website and under this Agreement.
7.4 In connection with User Postings, you further agree that you will not:
(i) publish falsehoods or misrepresentations;
(ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
(iii) post advertisements or solicitations of business;
(iv) impersonate another individual;
(v) be compensated or granted any consideration by any third party for submitting your User Postings.
InPower Movement does not endorse any User Posting or any opinion, recommendation, or advice expressed therein, and InPower Movement expressly disclaims any and all responsibility or liability in connection with User Postings.
7.5 InPower Movement reserves the right to decide whether Content or a User Posting is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, harassment, obscene or defamatory material, or excessive length. InPower Movement also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Postings) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, InPower Movement assumes no responsibility for monitoring the Website, Content, or User Postings for inappropriate conduct, or modifying or removing such conduct, Content or User Postings from the Website.
7.6 It is InPower Movement’s policy to
(i) block access to or remove Content that it believes in good faith to be copyrighted material that has been unlawfully copied, displayed or distributed by any of our advertisers, affiliates, content providers, members or users; and
(ii) remove and discontinue services to repeat offenders.
7.7 InPower Movement reserves the right to discontinue any aspect of the Website at any time.
8. Third-Party Websites
9. Warranty Disclaimer
To the fullest extent permitted by law, InPower Movement, its suppliers and licensors, and each of their respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither InPower Movement nor its suppliers nor licensors, nor any of their respective officers, directors, employees, and agents, makes any warranties or representations about the accuracy or completeness of the Website’s content or the content of any sites linked to the Website, and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website;
(iii) any unauthorized access to or use of the secure servers and or any and all personal information and or financial information stored therein;
(iv) any interruption or cessation of transmission to or from the Website,
(v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party; and or
(vi) 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, transmitted, or otherwise made available via the Website.
InPower Movement does not warrant, endorse, guarantee, or assume responsibility for any content, product or service advertised or offered by a third party through the Website or any hyperlinked Website or featured in any advertising, and InPower Movement will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or services. The Website is controlled and offered by InPower Movement from its facilities in the republic of the United States of America. InPower Movement makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with applicable regional law.
You agree to defend, indemnify and hold harmless InPower Movement, its parent LLC, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, consultants’ and attorneys’ fees) arising from:
(i) your use of and access to the Website or any Content that you post thereon;
(ii) your violation of any term of this Agreement or of your representations and warranties set forth herein;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(iv) any claim that one of your User Postings caused damage to a third party.
By using the Website, you represent and warrant that
(i) all registration information you submit is accurate and truthful;
(ii) you will maintain the accuracy of such information;
(iii) you are 13 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to InPower Movement that you are such minor’s legal guardian);
(iv) your use of the Website does not violate any applicable law or regulation.
Your membership may be terminated without warning if InPower Movement believes that you are under 13 years of age or that your legal guardian did not authorize your Website membership.
12. Limitation of Liability
In no event shall InPower Movement, its suppliers, or their respective officers, directors, employees, or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other lawful or legal theory, and whether or not InPower Movement 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. Subject to the foregoing, InPower Movement’s liability to you for any reason, will be limited to the amount paid, if any, by you to InPower Movement for services in connection with the Website.
You specifically acknowledge that InPower Movement shall not be liable for User Postings or the defamatory, offensive, illegal or unlawful conduct of any third party and that the risk of harm or damage from the foregoing rests solely and entirely with you.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without InPower Movement’s prior written consent. InPower Movement may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the state of Washington, using the English language, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and InPower Movement’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You and InPower Movement agree that any 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 cause of action is permanently barred.