Welcome to MoveTheRefuge.com (the “Site”). This Agreement applies to all subdomains and websites within the MoveTheRefuge.com domain, and governs data collection and usage. The MoveTheRefuge.com domain and websites within it are owned by Brad Siegfried (“Owner”) and operated by Brad Siegfried (“Operator”). For the purposes of this Agreement, unless otherwise noted, all references to the Site or MoveTheRefuge.com include all subdomains and websites within the MoveTheRefuge.com domain. This Agreement is between you and Operator.
The Site is comprised of various web pages operated by Operator. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
A Forum/Online Discussion Site
The Site is a community portal intended to facilitate better communication among community members who wish to preserve their personal safety, peace of mind, and property value. Guests and registered users may view posts and pages. You must register or log in to participate in forums.
Visiting the Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Operator is not responsible for third party access to your account that results from theft or misappropriation of your account. Operator reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian. The Site is not intended for use by anyone under the age of 13 years old. By using the Site, you are representing to Operator that you are at least 13 years old.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Operator and Operator is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Operator is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Operator of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that Operator may share such information and data with any third party with whom Operator has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers of the Site.
No Unlawful or Prohibited Use/Intellectual Property
You are prohibited from violating or attempting to violate the security of the Site. Violations of security may result in civil or criminal liability in addition to immediate termination of your access to the Site. Operator will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for you or logging into a server or account that you are not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any client, host or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or Submissions.
(e) Taking any action in order to obtain services to which you are not entitled.
Except as otherwise provided herein, all content included as part of the Site, such as text, graphics, logos, images, audio, and video as well as the compilation thereof, and any software used on the Site, is the property of Owner or its licensors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not frame, modify, reproduce, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Operator and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Operator does not grant you any license, express or implied, to the intellectual property on the Site except as expressly authorized by these Terms.
Notwithstanding the foregoing, you may download a single copy of any Site content that is in the public domain or that was submitted for public distribution (collectively, “Public Content”) for any use including commercial publication that does not violate the rights of any third party, or otherwise obligate Operator to you or to any third party, provided that you agree that:
a). You may not frame or otherwise redisplay, directly or indirectly, any Public Content or other Site content on a linking site,
b) You may not duplicate the format or distinctive presentation of the Public Content at it appears on the Site,
c) You have no permission to use Site content that may be related to or appear in proximity to the Public Content, but that is not itself Public Content.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Operator has no obligation to monitor the Communication Services. However, Operator reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Operator reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Operator reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Operator’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Operator does not control or endorse the content, messages or information found in any Communication Service and, therefore, Operator specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Forum moderators and contributors are not authorized Operator spokespersons, and their views do not necessarily reflect those of Operator.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Ownership of User Submitted Content
Operator does not claim ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to the Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Operator a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free license to reproduce, edit, adapt, prepare derivative works of, modify, reformat, translate, publish, publicly perform, publicly display, distribute, publish, remove, retain, use, and commercialize, in any way now known or in the future discovered, your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Operator is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Operator’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission without violating the rights of any third party, or otherwise obligating Operator to you or to any third party. Operator does not accept any additional obligations that may apply to your Submission.
Law Enforcement Agency Submitted Content
Any law enforcement agency submitting information to the Site represents and warrants that its disclosure of such information does not violate any applicable federal, state, or local statute or regulation concerning such disclosure and further agrees to indemnify Owner and Operator regarding the agency’s disclosure of such information should such disclosure be claimed to violate any federal, state, or local statute or regulation.
Third Party Accounts
You may be able to connect your account on the Site to third party accounts. By connecting your Site account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Operator from our offices within the USA. You agree not to access the Service from a location outside the USA. You agree that you will not use the Site Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Owner and Operator, their officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Owner and Operator reserve the right, individually or jointly, at their own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Owner and Operator in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OWNER, OPERATOR, AND/OR THEIR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OWNER, OPERATOR, AND/OR THEIR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OWNER, OPERATOR, AND/OR THEIR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Operator reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Operator as a result of this agreement or use of the Site. Operator’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Operator’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Operator with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Operator with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Operator reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Operator encourages you to periodically review the Terms to stay informed of our updates.
Operator welcomes your questions or comments regarding the Terms:
Effective as of July 9, 2019