1. Acknowledgment and Acceptance of Terms of Use.
Welcome to nopoliticsinheaven.com and thomassrussojr.com (the “Sites”). The Sites, which are operated by Russo Communications, LLC and There Are No Politics In Heaven, LLC (the “Companies”); the membership program (the “Program”) and the services (the “Services”) offered at the Sites are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITES OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms of Use carefully. If you do not agree to these terms, you should not use the Sites or any of their Services. The Terms of Use for these Sites may be revised at any time by the Companies without any specific notice to you. The latest and most current version of the Terms of Use will be posted on these Sites and available for your review at any time. Therefore, it is your responsibility to review these Terms of Use often. The term “you” or “user” refers to all individuals and entities accessing these Sites for any reason; a “Member” is someone who has registered with these Sites in order to receive Services. Use of the Sites and the Services is void where prohibited.
2. Lawful Use and Purpose
A.) You shall use the Services for lawful purposes only. You shall not post or transmit through the Sites any material that violates or infringes in any way upon the legally recognized rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, that constitutes hate speech intended to insult any race, skin color, religion, sexual orientation, or national origin, or otherwise encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system data or information. Your use of the Sites is for your personal non-commercial use only. You may not use the Sites to sell a product or service or to increase traffic to your website for commercial purposes, to advertise or perform any commercial solicitation, to become users, members or customers of other services. You may not “meta-search” the Sites.
B.) You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit, or otherwise make available on or through the Sites (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Sites; personal User information; board posts; reader reviews; blogs, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree the Companies do not endorse any User Content and are not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge the Companies do not pre-screen User Content, and have no obligation to do so, but that the Companies and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Sites.
3. Ownership
Unless otherwise expressly noted, all materials, without limitation, all images, illustrations, designs, icons, photographs, software, video clips, and written and other materials that are part of the Sites, are protected by copyright, trademarks, trade secret and patent rights, trade dress and/or other intellectual properties owned by or licensed to the Companies. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such copying. You agree you will not alter or remove any copyright notice or proprietary legend contained in the Websites and you agree that any copy made shall include the Companies or any third-party provider’s copyright notice or any other notice included therein. No other permission is granted to you from the previous sentence. “There Are No Politics In Heaven” and Vortex of Excellence and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Sites may be trademarks of their respective owners. You agree not to use any robot, spider or other automatic device, nor may you use any process to monitor materials available through the Sites without our express authorization. You agree not to derive or attempt to derive any source code, source files or structure of all or any portion of the Sites contents by reverse engineering, disassembly, decompiling or otherwise. Further, you may not use the Sites in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; nor export or re-export the Sites or any portion thereof, or any software available on or through the Sites, in violation of the export control laws or regulations of the United States.
4. Password
You will access your account through the Sites by means of a protected Login ID/Password that you will select. It is your responsibility to guard this information and keep it confidential. Therefore, you authorize the Companies to treat any resulting transactions, obligations or liabilities as if you used any services yourself.
5. Modification
The Companies may from time to time change the terms and conditions and/or rules that govern your membership in the Sites (including, without limitation, your receipt or use of any services) and/or use of the Sites. This may include establishing policies and limitations concerning your personal journal hosted at the Sites. You agree the Companies shall not be liable to you or any third party for any modification, suspension or discontinuance of any services, any document, information or other content on the Sites. THE COMPANIES MAY FROM TIME TO TIME, WITHOUT PROVIDING ANY NOTICE, CHANGE, MODIFY, SUBSTITUTE, ADD OR DELETE ANY ASPECTS OF ITS BUSINESS AND OPERATIONS, INCLUDING, WITHOUT LIMITATION, ANY SERVICES PROVIDED THEREUNDER, OR FEE STRUCTURE, TERMS AND CONDITIONS, APPLICABLE TO YOUR USE OF THE SITES OR ANY PART THEREUNDER. SUCH CHANGED TERMS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE WEBSITES. ANY USE OF THE SITES BY YOU AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY YOU OF THE CHANGED TERMS.
6. Termination.
We may terminate or suspend any Membership, your access to all or part of the Sites and/or your use of any services, without notice and for any reason, including, but not limited to, for violation of the Terms of Use or engaging in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to our interests or to the ethics of the Companies, another customer of the Sites, or any third party.
7. Nontransferable
Your Membership and the right to use the Sites is not transferable. Any password or right given to you to obtain information or documents through the use of the Sites is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
8. Unsolicited Submissions.
We do not knowingly accept or consider creative ideas, suggestions or materials that we do not specifically request from you. We ask that you do not submit or send any such materials directly to us. If you nevertheless send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Material”) to us, such Material shall become our property, and we shall have the right to display, copy, use, sublicense, transmit, publicly perform and/or publish such Material for any purpose we desire, whether now or hereafter invented. In addition, you waive all “moral rights” in the Materials and agree that none of the Material shall be subject to any compensation, obligation of confidentiality on the part of the Companies.
9. License to Us
By submitting content to any public or non-public area of the Sites, including message boards, forums, contests and chat rooms, you grant the Companies and their affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the right to license others to do the same. You also permit any user to access, display, view, store and reproduce such content for personal use or for the organization’s internal use for the purposes described on the Sites. Subject to the foregoing, the copyright owner of such content placed on the Sites retains any and all rights that may exist in such content.
10. Copyright Infringement
If you believe your work has been copied in a way that constitutes copyright infringement, please provide us with the following information, as required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that you claim is infringing and where such material is located on the Sites; (d) your address, telephone number, and email address; (e) 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; and (f) 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 authorized to act on the copyright owner’s behalf. Send the above information to
ru*****************@gm***.com
.
11. Links and Advertisers
The Sites may contain links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Website on our Sites does not imply approval or endorsement of the linked Website by us. If you decide to leave our Sites and access these third-party sites, you do so at your own risk. THE EXISTENCE OF A LINK TO A THIRD PARTY’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY THE COMPANIES BEYOND WHAT MIGHT BE SPECIFICALLY PROVIDED FOR. THE SITE MAY CONTAIN ADVERTISING AND SPONSORSHIPS. ADVERTISERS AND SPONSORS ARE RESPONSIBLE FOR ENSURING THAT MATERIAL SUBMITTED FOR INCLUSION ON THE SITE IS ACCURATE AND COMPLIES WITH APPLICABLE LAWS. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OR ANY ERROR, INACCURACY OR PROBLEM IN THE ADVERTISER’S OR SPONSOR’S MATERIALS. THE COMPANIES DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE. THIRD PARTY CONTENT MAY APPEAR ON THE SITE OR MAY BE ACCESSIBLE VIA LINKS FROM THE SITES. WE ARE NOT RESPONSIBLE FOR AND ASSUME NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS OF LAW, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PORNOGRAPHY OR PROFANITY IN THE STATEMENTS, OPINIONS, REPRESENTATIONS OR ANY OTHER FORM OF CONTENT ON THE SITE. YOU UNDERSTAND THAT THE INFORMATION AND OPINIONS IN THE THIRD-PARTY CONTENT REPRESENT SOLELY THE THOUGHTS OF THE AUTHOR AND IS NEITHER ENDORSED BY NOR DOES IT NECESSARILY REFLECT OUR BELIEF.
12. Disclaimer and Limitation of Liability
ALL INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANIES DO NOT WARRANT THE ACCURACY OF INFORMATION CONTAINED ON ITS CONSTITUENT WEBSITES OR THOSE OF THIRD PARTIES. NOTHING ON THE SITE INTENDED TO BE CONSTRUED AS MEDICAL ADVICE; USERS SHOULD SEEK THE ADVICE OF A QUALIFIED MEDICAL PRACTIONER BEFORE ENGAGING IN ANY HEALTH-RELATED REGIMEN. ALL SERVICES PROVIDED BY THE COMPANIES THROUGH THE PROGRAM AND ON THE SITES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT POSSIBLE BY LAW. THE COMPANIES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE SERVICES SUPPLIED ARE OF A REASONABLY ACCEPTABLE QUALITY. THE COMPANIES DO NOT WARRANT THAT FUNCTIONS CONTAINED ON THE WEBSITES WILL BE UNINTERRUPTED OR ERROR- OR VIRUS-FREE. THE COMPANIES DO NOT WARRANT OR REPRESENT THE USE OF THE CONTENTS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR REVENUES. THE COMPANIES SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR ANY SIMILAR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, OR DESTRUCTION OF YOU NETWORK, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUD, OR ANY OTHER METHOD.
THE COMPANIES SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR FACILITIES PROVIDED BY NOPOLITICSINHEAVEN.COM OR THOMASRUSSOJR.COM OR ANY MEMBERSHIP PROGRAM, OR IN CONNECTION WITH THE SALE OF PRODUCTS OR SERVICES OF OTHER MEMBERS OR USERS VIA THE WEBSITES, INCLUDING WITHOUT LIMITATION THE BREACH OF ANY OBLIGATION IMPOSED ON CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AWARE OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF SUCH CHARGE, THE COMPANIES LIMITATIONS OF LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, ANY FEES PAID TO ANY PROGRAM IN THE PREVIOUS SIX (6) MONTHS. YOU ACKNOWLEDGE BY YOUR MEMBERSHIP IN ANY PROGRAM AND YOUR USE OF SERVICES PROVIDED THEREUNDER THAT SUCH MEMBERSHIP AND USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS IN CONNECTION WITH YOUR USE OF THE SITES, AND THAT THE COMPANIES SHALL NOT IN ANY FORM WHATSOEVER BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDY.
13. Indemnification
You agree to defend, indemnify and hold the Companies and its subsidiaries, affiliates, successors and assigns, and their respective shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or relating to your improper use or receipt of any program, any services, or otherwise in connection with nopoliticsinheaven.com, thomasrussojr.com, or any violation by you of this Agreement including, without limitation, any errors, inaccuracies, misrepresentations or defects in any materials or information submitted by you.
14. User Information
When you register for the Sites or any Program, you will be asked to provide the Companies with certain information including, without limitation, a valid email address (your “Information”). You represent and warrant that all Information provided by you is true and accurate. In addition to the terms and conditions that may be set forth in any privacy policy on these Sites, you understand and agree that the Companies may disclose to third parties, on an anonymous on an anonymous aggregated basis, certain demographic or other non-personally identifiable information contained in your registration application. We reserve the right, and you authorize us by using our Sites, to use and assign all information regarding Sites uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Use.
15.Payment
You authorize us to charge you for use of any Services, at the posted prices, (such prices subject to change at any time by the Companies without any specific notice to you, beyond posting notification on the websites), at such times as you specify upon enrollment and continuing until you cancel any membership. All payments shall be made in United States dollars. You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you are responsible to pay the charges incurred by you at the posted prices, including any applicable taxes.
16. Cancellation.
You may cancel any membership at any time, by adjusting the automatic billing setting or removing your credit card information from your account Profile, using the “Billing Settings” link provided. We will make best efforts, but shall have no obligation, to honor email and telephone requests to cancel an account. If you do not receive a confirmation email, it is your responsibility to verify that your cancellation took place, by sending email to
in**@th***********.com
. This agreement survives cancellation of any membership.
17. Refunds
There shall be no refunds for any unused time portion of the most recent month’s membership. You acknowledge and agree that in the event of any dispute over the date of a cancellation, the Companies shall not be liable for any charge greater than the most recent month’s membership fee or a pro-rated portion of a multiple-month membership fee. If purchasing items through the Sites, refund policies, if any, shall be posted on the purchase page(s). If no provision for refunds is explicitly stated, then there shall be no refunds for the product or service after purchase. You may request a refund by contacting us at
ru*****************@gm***.com
.
18. Complete Agreement
This Agreement and any rules, policies, or guidelines posted on the Sites, including the Privacy Policy, constitute the entire agreement between the Companies and you, with respect to the subject matter herein. In the event of any conflict between this Agreement and any information posted on the Sites, this Agreement shall govern.
19. Severability
If any provision of this Agreement shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provision hereof, which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of this Agreement.
20. Arbitration
Any claim, dispute, or controversy whether in contract, tort, pursuant to statue or regulation or otherwise, whether pre-existing, present or future, arising out of or relating to this Agreement will be referred to and determined by arbitration to the exclusion of the courts. You agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class action proceeding against us. Should you believe that you have a claim, you must give written notice to the Program of your intention to arbitrate, and similarly, the Program will do the same with you. The arbitration shall be pursuant to the laws and rules relating to commercial arbitration in the State of New Jersey.
21. Jurisdiction and Governing Law
This Agreement is governed by and shall be construed in accordance with the laws of the State of New Jersey, without regard to the choice of law provisions, and you hereby submit to the exclusive jurisdiction of the courts of the State of New Jersey. Thus, you agree and acknowledge that your use of any and all services, any programs, any memberships, and the Sites shall be deemed to have occurred and taken place solely in the State of New Jersey.
May 1, 2022
