Terms & Conditions
1. AGREEMENT
By using this website, you are agree, without limitation or qualification, to
be bound by, and to comply with, these Terms and Conditions and any other
posted guidelines or rules applicable to any individual American Exceptionalism
News Network (AENN) website.
2. RIGHT TO ACCESS
You acknowledge and agree that AENN may terminate your access to the AENN ‘Network’ or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by AENN. Any such termination shall be in AENN’s sole discretion and may occur without prior notice, or any notice. AENN further reserves the right to terminate any user’s access to the AENN ‘Network’ or to any of the Products and Services for any conduct that AENN, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to AENN or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. AENN further reserves the right to terminate any user’s access to the AENN Network for any reason or for no reason at all, in AENN’s sole discretion, without prior notice, or any notice.
3. COPYRIGHT
All information contained on this site is copyright (c) 2003, 2004 2005, 2006,
2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 by
American Exceptionalism News Network. (“AENN”). All rights reserved. The
information contained on this site may not be copied, published, distributed,
broadcast or otherwise used for any purpose whatsoever without the prior
written consent of AENN
4. PROFESSIONAL ADVICE
No information on this site is intended as, or shall be construed as, legal,
financial, medical or expert advice of any kind. AENN is not responsible for
typographical errors, editing errors, or news source errors. THE AMERICAN
EXCEPTIONALISM NEWS NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A
COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
5. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED
TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
AENN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND
PERFORMANCE OF THE INFORMATION ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED
BY LAW, AENN DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN
THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE
WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. AENN SIMILARLY DISCLAIMS,
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE WEBSITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT AENN DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE WEBSITE. AENN DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. AENN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. AENN MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY AENN .
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL TRUTH
PUBLISHING, INC. (“AENN “) ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR
PRINCIPALS BE LIABLE TO ANY USER’S USE OR MISUSE OF AND RELIANCE ON THE
WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
(EVEN IF AENN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE
WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE AENN NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT THE AENN NETWORK.
UNDER NO CIRCUMSTANCES SHALL AENN OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
7. EXTERNAL LINKS
AENN may provide, or third parties may provide, links to other sites or
resources located on the World Wide Web by allowing a user to leave the AENN to
access third-party material or by bringing the third party material into this
site via “inverse” hyperlinks and framing technology. AENN has no control over
such sites and resources. You acknowledge and agree that AENN is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that AENN shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the AENN Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that AENN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
AENN encourages you to exercise discretion while using the Products and Services to browse the Internet. AENN may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. AENN makes no representations concerning any effort to review the content of any of the sites listed in automated search results, or of any of the sites otherwise linked to the AENN Network web sites. AENN shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the ‘AENN ‘ search results or otherwise linked to the AENN Network web sites or provided to the AENN Network by third parties.
8. Linking to the AENN Network
The AENN Network offers a non-assignable, non-transferable, and non-exclusive
license to link to the AENN Network’s web sites, using the AENN Network logos
and search boxes, subject to the following provisions. The AENN Network logos
and search boxes may be placed on a Web site for the sole purpose of creating a
link to the AENN Network and allowing users of your site to access the AENN
Network. The AENN Network logos and search boxes may not be used for any other
purpose, including, among other purposes, to suggest sponsorship by, or
affiliation with, or endorsement by the AENN Network. The AENN Network logos
and search boxes may only be used in accordance with the instructions found here, and may only be used in the exact
size, shape, colors, design, and configuration as found on those web pages. The
AENN Network logos and search boxes may not be altered in any manner. The AENN
Network logos and search boxes must appear by themselves, with reasonable
spacing (at least the height of the logo) between each side of the applicable
logo or search box and other graphic or textual elements. The AENN Network
logos and search boxes may not be used to disparage the AENN Network, its
products or services, or in a manner which, in AENN ‘s reasonable judgment, may
diminish or otherwise damage AENN ‘s good will in the AENN Network logos. By
using any such AENN Network logo or search box, you acknowledge that the AENN
Network has exclusive rights to the logo or search box, and that all good will
generated through your use of the logo or search box will inure to the benefit
of the AENN Network. AENN reserves the right to revoke this license or to alter
its terms from time to time, for any or no reason, with or without notice. AENN
reserves the right to take action against any use that does not conform to
these provisions.
9. NO LICENSE; INTELLECTUAL
PROPERTY OF AENN AND OTHERS
Except as expressly provided, nothing within any of the WEBSITE shall be construed
as conferring any license under any of theAENN Network’s or any third party’s
intellectual property rights, whether by estoppel, implication, waiver, or
otherwise. Without limiting the generality of the foregoing, you acknowledge
and agree that certain Content available through and used to operate the AENN
Network and the WEBSITE is protected by copyright, trademark, patent, or other
proprietary rights of AENN and its affiliates, licensors, and service
providers. Except as expressly provided to the contrary, you agree not to
modify, alter, or deface any of the trademarks, service marks, or other
intellectual property made available by AENN in connection with the WEBSITE.
You agree not to hold yourself out as in any way sponsored by, affiliated with,
or endorsed by AENN, any of AENN’s affiliates, or any of AENN ‘s service
providers. You agree not to use any of the trademarks or service marks or other
Content accessible through the AENN Network of any purpose other than the
purpose for which such Content is made available to users by AENN. You agree
not to defame or disparage AENN, the trademarks or service marks of AENN, or
any aspect of the WEBSITE. You agree not to adapt, translate, modify,
decompile, disassemble, or reverse engineer the WEBSITE or any software or
programs used in connection with the WEBSITE or the AENN .
10. INDEMNITY AND RELEASE
By using the AENN Network web sites you agree to indemnify AENN , Inc. and its
parents, subsidiaries, affiliates, officers, employees, and licensors and hold
them harmless from any and all claims and expenses, including attorney’s fees,
arising from your use of the AENN Network web sites, your use of the WEBSITE,
or your submission of ideas and/or related materials to AENN or from any
person’s use of any account or password you maintain with any portion of the
AENN, regardless of whether such use is authorized by you. By using the AENN
Network, using the WEBSITE, or submitting any ideas and/or related materials to
AENN , you are hereby agreeing to releaseAENN and its parents, subsidiaries,
affiliates, officers, employees, and licensors from any and all claims,
demands, debts, obligations, damages (actual or consequential), costs, and
expenses of any kind or nature whatsoever, whether known or unknown, suspected or
unsuspected, disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to the WEBSITE or to any
disputes regarding use of ideas and/or related materials submitted to AENN. YOU
HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR
EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL
CODE SECTION 1542, WHICH PROVIDES
” A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the
contrary, any claim or cause of action you may have arising out of, or relating
to, your use of the AENN Network or the WEBSITE must be filed within one (1)
year after such claim or cause of action arises, or forever be barred.
12. FAIR USE
The AENN Network publishes excerpts and summaries from copyrighted works under
Fair Use, which allows the use of copyrighted materials for purposes of
commentary and criticism for the public interest. AENN transforms summaries of
the original copyrighted work into a new format and adds new information and
value in the form of commentary or criticism.
AENN has no intention to compete with the original copyrighted content. Rather, it is AENN’s intention to promote such content and deliver readers to such content. Accordingly, when AENN cites a copyrighted work for commentary or criticism, AENN acknowledges the original source and places a clickable link that offers users the opportunity to click directly to the original source of such information. The original publishers benefit from such links in terms of delivered audience, attention and potential advertising revenues, for which AENN requests absolutely no payment or consideration.
13. INTELLECTUAL PROPERTY
INFRINGEMENT CLAIMS
It is the policy of the AENN to respond expeditiously to claims of intellectual
property infringement. AENN will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital
Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, the
AENN Network will act expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of infringing activity
and will act expeditiously to remove or disable access to any reference or link
to material or activity that is claimed to be infringing. The AENN Network will
terminate access for subscribers and account holders who are repeat infringers.
Notices of claimed infringement should be directed to:
AMERICAN EXCEPTIONALISM NEWS, INC.
EMAIL ADDRESS: PAUL@AETALKRADIO.COM
Please put “Notice of Infringement” in the subject line of all such notifications. When AENN removes or disables access to any material claimed to be infringing, AENN may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification, although AENN makes no promise to do so. Any and all counter notifications submitted by the user will be furnished to the complaining party. AENN will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before AENN replaces or restores access to any material as a result of any counter notification.
14. ARBITRATION, GOVERNING LAW AND
FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the WEBSITE, all legal
issues arising from or related to the use of the WEBSITE shall be construed in
accordance with, and all questions with respect thereto shall be determined by,
the laws of Taiwan, R.O.C. applicable to contracts entered into and wholly to
be performed within said state. Any controversy or claim arising out of or
relating to these Terms and Conditions or any user’s use of the WEBSITE shall
be settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Taiwan, R.O.C., and judgment on the
arbitration award may be entered into in any state or federal court in Taiwan,
R.O.C. having jurisdiction thereof. Any party seeking temporary or preliminary
injunctive relief may do so in any state or federal court in Taiwan, R.O.C.
having jurisdiction thereof. Except as set forth above, the state and federal
courts of Taiwan, R.O.C. shall be the exclusive forum and venue to resolve
disputes arising out of or relating to these Terms and Conditions or any user’s
use of the WEBSITE. By using the WEBSITE and thereby agreeing to these Terms
and Conditions, users consent to personal jurisdiction and venue in the state
and federal courts in Taiwan, R.O.C. with respect to all such disputes.
15. CHANGES IN TERMS AND
CONDITIONS AND CHANGES IN WEBSITE
The AENN Network reserves the right to modify the WEBSITE from time to time,
for any reason, and without notice, including the right to terminate the
WEBSITE. The AENN Network reserves the right to modify these Terms and
Conditions from time to time, without notice. Please review these Terms and
Conditions from time to time so you will be apprised of any changes.
16. MERGER
These Terms and Conditions constitute the entire agreement between the parties
with respect to the subject matter contained herein and supersedes any other
agreement, proposals and communications, written or oral, between AENN’s
representations and you with respect to the subject matter hereof; except that
any other terms and conditions located on any individual . AENN Network web
site or in connection with the WEBSITE are incorporated herein by reference to
the extent they do not conflict with these Terms and Conditions. To the extent
that any other terms and conditions or terms of service conflict with these
Terms and Conditions, those other provisions shall control with respect to the
use of the particular web site and any information available on or through the
web site or the respective content location at which those other provisions may
be found.
17. NON-WAIVER AND SEPARABILITY
AENN’s failure to exercise any right or provision of these Terms and Conditions
shall not constitute a waiver of such right or provision. If a court of
competent jurisdiction holds any provision of these Terms and Conditions to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties’ intentions as reflected in the provision, and agree that
the other provisions of these Terms and Conditions remain in full force and
effect.
18. NO RESALE, ASSIGNMENT, OR
SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate
your rights or obligations under these Terms and Conditions without prior
express written authorization of AENN.
19. SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment,
sublicensing, or other transfer of rights or obligations, these Terms and
Conditions shall be binding upon and inure to the benefit of the parties hereto
and their respective heirs, successors, and assigns.
20. TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the
WEBSITE, unless specifically terminated earlier by AENN. All provisions of
these Terms and Conditions which impose obligations continuing in their nature
shall survive termination of these Terms and Conditions.
21. COMMUNICATIONS WITH USERS
You consent to receive communications from AENN concerning your use of the
WEBSITE (“Communications”). The Communications may be those that AENN is
required to send to you by law concerning the WEBSITE (“Required
Communications”). The Communications may also be those that AENN sends to you
for other reasons. You consent to receive Communications electronically. AENN may
provide these Communications to you by sending an email to the email address
you provided or by posting the Communication on the AENN. You also consent to
receive Communications by telephone or by postal mail sent to the postal
address you provided in connection with your account, if any. You may change
the email or postal address to which AENN sends Communications by visiting your
account information page.
22. SUBMISSIONS OF IDEAS
The AENN is always improving its WEBSITE and developing new features. If you
have ideas regarding improvements or additions to the AENN, we would like to
hear them — but any submission will be subject to these Terms and Conditions.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO
AENN BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF
COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO AENN, YOU
ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED
MATERIALS AND ARE REPRESENTING AND WARRANTING TO AENN THAT THE IDEA AND/OR
RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS
IN THE IDEA AND/OR MATERIALS AND THAT AENN IS FREE TO IMPLEMENT THE IDEA AND TO
USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY AENN, WITHOUT
OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
23. VIOLATIONS OF TERMS AND
CONDITIONS
Should you violate these Terms and Conditions or any other rights of AENN, AENN
reserves the right to pursue any and all legal and equitable remedies against
you, including, without limitation, terminating any and all access and or user
accounts on any and all of the AENN Network web sites.
24. SUBMITTED CONTENT
You hereby agree that all content you submit to AENN, via web forms, email to the
editor, email to employees, phone calls, faces or other form of communication
shall become the sole property of AENN and may be used by AENN in any way
whatsoever, without limitation.
We hope your enjoyment of AENNs’ WEBSITE will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the AENN community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our WEBSITE.