Terms of Use/Terms of Service

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: ACCEPTANCE OF TERMS

    Welcome to TeaRallies.com. The following information relates to the terms and conditions of service that TeaRallies.com has established in order to provide the highest quality service to our visitors. By continuing and accessing any area of TeaRallies.com you agree to be legally bound by the terms of use contained herein. Please note that TeaRallies.com reserves the right to alter these terms at any time within it's reasonable discretion, and such changes will become effective upon posting.

    The services offered at TeaRallies.com ("TeaRallies.com"), are provided to you ("User") under the terms and conditions of this TeaRallies.com Terms of Service ("TOS"), and any operating rules or policies that may be published by TeaRallies.com at the URL: TeaRallies.com. (the "Service"). The TOS comprises the entire agreement between User and TeaRallies.com and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING TeaRallies.com, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. User may continue to use TeaRallies.com as long as User adheres to these Terms of Service.

    If you disagree with the purpose of TeaRallies.com, or the TOS, do not use the site.

  2. SERVICES VOID WHERE PROHIBITED:

    Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

  3. POSTING EVENTS:

    Events posted on the TeaRallies.com schedule must be events that are in support of the Tea Party Movement. The Tea Party Movement is a populist United States protest movement focused on fiscal conservatism that emerged in early 2009. You must have an account and fill out an 'Add Rally' form in order to post an event.

  4. CONTENT:

    You are solely responsible for any data, text, software, music, sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted to the rally details, and information, photos, images, sound files or other Content posted by you in any Event or Activity Listing. All Content posted by you, is your sole responsibility. TeaRallies.com does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the TeaRallies.com Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent, objectionable, or inaccurate. Under no circumstances will TeaRallies.com be liable in any way for any Content posted by any user or third party, including, but not limited to, liability 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, e-mailed or otherwise transmitted via the Service. Subject to the terms of TeaRallies.com's Privacy Policy, you agree if you post any Content on the TeaRallies.com Service, you grant to TeaRallies.com, and its successors and assigns, a non-exclusive, worldwide, royalty free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom TeaRallies.com has a relationship. You also grant TeaRallies.com the right to authorize the downloading and printing in whole or in part of any Content that you post to the TeaRallies.com Service.

  5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY:

    YOUR PARTICIPATION IN ANY PUBLIC EVENT, PRIVATE EVENT OR ACTIVITY LISTING IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING TEARALLIES.COM YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES AND TEARALLIES.COM HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING TEARALLIES.COM, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE, DISCHARGE CLAIMS, RELEASE TEARALLIES.COM FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS TEARALLIES.COM, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE BE BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

  6. GOVERNING LAW:

    Ordinarily, TeaRallies.com distributes your donations to the charities selected by you or your gift recipients. However, in order for your donation to qualify as a deductible donation for tax purposes you must relinquish the ownership and custody of your donation to us for use at our discretion, and you will have no legal recourse in the event that you or your recipient believe charitable desires are not being fulfilled.

    This agreement shall be governed by and construed in accordance with the laws of the state of California, without regard to the laws that might otherwise govern under principles of conflicts of laws applicable thereto. The legal jurisdiction of this web site is the United States of America, Tulare County, California and any filing, or proceeding shall be instituted in that jurisdiction. You and TeaRallies.com agree to submit to the jurisdiction of state and federal courts in Tulare County, California, and agree that venue is exclusive in these courts in any such legal action or proceeding.

  7. COPYRIGHT POLICY/INFRINGING MATERIAL:

    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the TeaRallies.com Service without your permission or in any way that constitutes copyright infringement, please provide TeaRallies.com with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the TeaRallies.com Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact TeaRallies.com at the following address: TeaRallies.com 1200 N Gem, Tulare, CA 93274.

  8. NO "SPAMMING":

    You must not use any feature of or information from the TeaRallies.com Service for chain letters, junk mail, or "Spamming" nor make any use of the email information in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by TeaRallies.com. If you use any feature of the TeaRallies.com Service for the purpose of sending Spam, TeaRallies.com reserves the right to immediately terminate your access to the TeaRallies.com Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the TeaRallies.com Service for Spam, please notify TeaRallies.com by filling out the TeaRallies.com feedback form, be sure to include the URL (link) of any posting that appears to be Spam for TeaRallies.com's review. PLEASE NOTE that by posting a Public Event or Activity Listing, you are consenting to receive, and authorizing TeaRallies.com to forward to you, emails from other users and these messages are not included in the above definition of Spam.

  9. NOTICES:

    TeaRallies.com may give notice to you by e-mail, a posting on the TeaRallies.com web site, or other reasonable means. You must give notice to TeaRallies.com in writing via e-mail or as otherwise expressly provided by TeaRallies.com. TeaRallies.com may broadcast, distribute or display notices or messages through the TeaRallies.com Service to inform you of changes to the TOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

  10. PRIVACY POLICY:

    It is TeaRallies.com's policy to respect the privacy of its users. TeaRallies.com's policies with regard to what personally identifiable information it collects from you, what information third parties collect from you and how that information is used is governed by the TeaRallies.com Privacy Policy, which you can access here: Privacy Policy.

  11. SECURITY:

    You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You agree to notify TeaRallies.com immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform TeaRallies.com of actual or apparent breaches of security, such as loss, theft, or an authorized disclosure or use of a User Account or password. Until TeaRallies.com is notified by email or our contact form of a breach in security, you will remain liable for any unauthorized use of the TeaRallies.com Service through your account. In consideration for using the TeaRallies.com Service, you agrees to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration sign-up page, or on the edit profile page is inaccurate, TeaRallies.com reserves the right to terminate your account immediately and your right to use the TeaRallies.com Service.

  12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE:

    Your right to use the TeaRallies.com Service is personal to you. You agree not to resell or make any commercial use of the TeaRallies.com Service without the express consent of TeaRallies.com. You may not create bots or other computer generated automatic tools to create events, nor abuse the TeaRallies.com Service in any manner. Use that constitutes abuse shall be determined by TeaRallies.com in its sole discretion. TeaRallies.com reserves the right to terminate your account if TeaRallies.com determines you have not complied with this TOS.

  13. USER CONDUCT:

    TeaRallies.com reserves the right, but does not assume the responsibility, to monitor or review your conduct on the TeaRallies.com Service. Your use of the TeaRallies.com Service is subject to all applicable local, state, national and international laws and regulations.

    In using the TeaRallies.com Service you agree not to:

    • Use the TeaRallies.com Service for illegal purposes;
    • Interfere or disrupt networks connected to the TeaRallies.com Service;
    • Use the TeaRallies.com Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
    • Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
    • Transmit through the TeaRallies.com Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
    • Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the TeaRallies.com Service;
    • Transmit through the TeaRallies.com Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
    • Interfere with another User's use and enjoyment of the TeaRallies.com Service;
    • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
    • Create a false identity for the purpose of misleading others as to your identity or the origin of an Event posting;
    • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of TeaRallies.com
    • Service any directory of TeaRallies.com's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this TOS;
    • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
    • Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
    • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, t hrough password mining or any other means; or
    • Engage in any other conduct which, in TeaRallies.com's sole discretion, is considered inappropriate, unauthorized or objectionable.

  14. INDEMNIFICATION:

    You agree to indemnify and hold TeaRallies.com, its parent, subsidiary, affiliate, officers, employees agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TeaRallies.com Service, the violation of this TOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

  15. TERMINATION:

    You may terminate your participation in the TeaRallies.com Service with or without cause at any time and effective immediately. TeaRallies.com may terminate the TeaRallies.com Service or your use of the Service with or without cause at any time and effective immediately, at TeaRallies.com's sole discretion, including but not limited to immediate termination of your use of the TeaRallies.com Service should your conduct fail to conform with the terms and conditions of this TOS. TeaRallies.com shall not be liable to your or any third party for termination of the TeaRallies.com Service or termination of your use of the TeaRallies.com Service. Should you object to any terms and conditions of the TOS or any subsequent modifications TeaRallies.com makes to the TOS or become dissatisfied with the TeaRallies.com Service in any way, your only recourse is to immediately: (1) discontinue use of the TeaRallies.com Service; and (2) notify TeaRallies.com of your termination and, at your discretion, notify TeaRallies.com of the reasons for your termination. Upon termination of your use of the TeaRallies.com Service, your right to use the TeaRallies.com Service shall cease immediately. You shall have no right and TeaRallies.com will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. All Applicable Sections shall survive termination of the TOS.

  16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS:

    TeaRallies.com shall not be liable for your interactions with any organizations and/or individuals found on or through the TeaRallies.com Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. TeaRallies.com is under no obligation to become involved in disputes between participants on the TeaRallies.com Service, or between participants on the TeaRallies.com Service and any third party.

  17. LINKS TO THIRD PARTY SITES:

    Any web sites that are accessible via links included within the TeaRallies.com Service that take you out of the TeaRallies.com Service are not under TeaRallies.com's control and TeaRallies.com shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such website. We encourage you to read those policies and know you rights under any web site you visit.

  18. VIOLATION OF TERMS BY OTHER USERS:

    TeaRallies.com asks that you participate in ensuring that all Users follow the terms of this TOS by reporting any Private TeaRallies.com's, Public Events, Activity Listings or other postings or messages that violate these terms. To report a violation of this TOS, please fill out a feedback or contact form.

  19. DISCLAIMER OF WARRANTIES:

    YOU EXPRESSLY AGREE THAT YOUR USE OF THE TEARALLIES.COM SERVICE IS AT YOUR SOLE RISK. THE TEARALLIES.COM SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEARALLIES.COM 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. TEARALLIES.COM MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TEARALLIES.COM MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TEARALLIES.COM DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO TEARALLIES.COM FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. TEARALLIES.COM ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE TEARALLIES.COM SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE TEARALLIES.COM SERVICE. TEARALLIES.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TEARALLIES.COM OR THROUGH THE TEARALLIES.COM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.

  20. LIMITATION OF LIABILITY:

    TEARALLIES.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TEARALLIES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) USE OR THE INABILITY TO USE THE SERVICE; (II) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH TEARALLIES.COM OR A THIRD PARTY THROUGH THE USE OF THE TEARALLIES.COM SERVICE; (IV) OR RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT TEARALLIES.COM IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE TEARALLIES.COM SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

  21. GENERAL PROVISIONS:

    This TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that TeaRallies.com, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this TOS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in Tulare, CA, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TeaRallies.com's failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TeaRallies.com in writing. User and TeaRallies.com agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this TOS are solely used for the convenience of the parties and have no legal or contractual significance.

  22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE:

    TeaRallies.com may modify or discontinue the TeaRallies.com Service with or without notice to you. TeaRallies.com shall not be liable to you if TeaRallies.com modifies or discontinues its Service. TeaRallies.com may change the terms and conditions of the TOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this TOS, TeaRallies.com may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new TOS on the TeaRallies.com Service. By using the TeaRallies.com Service after any change in the TOS you acknowledge and accept changes to the TOS.

    23. TRADEMARKS

    TeaRallies.com logo is a trademark and shall not be used for any purpose without permission. All other trademarks, service names, and company names and logos appearing on TeaRallies.com are the property of their respective owners.

    COPYRIGHT INFORMATION

    All information contained in this web site, all software used on the site, and all graphics used or incorporated on this web site are copyrighted material, and are the property of TeaRallies.com or its software providers.

    Contacting the Web Site

    If you have any questions about this TOS, the practices of this site, or your dealings with this Web site, you can contact us through our contact or feedback forms.

teaRallies.com terms of use (version 0.1)