Agreement between User and everythingistrue.org
Welcome to everythingistrue.org. The everythingistrue.org website (the “Site”) is comprised of
various web pages operated by Everything is True (“EiT”). everythingistrue.org is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of everythingistrue.org constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
everythingistrue.org is a Forum/Online discussion Site.
We aggregate and analyze interesting events from the present and the past. Our goal is to facilitate
open discussion of controversial topics without judgement.
Electronic Communications
Visiting everythingistrue.org or sending emails to EiT 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.
Your Account
If you use this 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 EiT is not responsible for third
party access to your account that results from theft or misappropriation of your account. EiT and
its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Children Under Thirteen
EiT 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 everythingistrue.org only with permission of a
parent or guardian.
Links to Third Party Sites/Third Party Services
everythingistrue.org may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of EiT and EiT 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.
EiT is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by EiT of the site or any association with its operators.
Certain services made available via everythingistrue.org are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
everythingistrue.org domain, you hereby acknowledge and consent that EiT may share such
information and data with any third party with whom EiT has a contractual relationship to provide
the requested product, service or functionality on behalf of everythingistrue.org users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
everythingistrue.org strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to EiT that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of EiT or its suppliers 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 modify, 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.
EiT 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 EiT and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of EiT or our
licensors except as expressly authorized by these Terms.
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.
EiT has no obligation to monitor the Communication Services. However, EiT reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole
discretion. EiT reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
EiT 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 EiT’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. EiT does not control or endorse the content, messages or
information found in any Communication Service and, therefore, EiT specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized EiT
spokespersons, and their views do not necessarily reflect those of EiT.
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.
Materials Provided to everythingistrue.org or Posted on Any EiT Web Page
EiT does not claim ownership of the materials you provide to everythingistrue.org (including
feedback and suggestions) or post, upload, input or submit to any EiT Site or our associated
services (collectively “Submissions”). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting EiT, our affiliated companies and necessary
sublicensees permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. EiT
is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in EiT’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 Submissions.
International Users
The Service is controlled, operated and administered by EiT from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the EiT Content accessed through
everythingistrue.org in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.
Indemnification
You agree to indemnify, defend and hold harmless EiT, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s
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. EiT reserves the right,
at its 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 EiT in asserting any available
defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and EiT agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
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. EVERYTHING IS TRUE AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EVERYTHING IS TRUE AND/OR ITS 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.
EVERYTHING IS TRUE AND/OR ITS 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL EVERYTHING IS TRUE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF EVERYTHING IS TRUE OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
EiT 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 Wisconsin and you hereby consent to
the exclusive jurisdiction and venue of courts in Wisconsin 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 EiT as a result of this agreement or use of the Site. EiT’s performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation
of EiT’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 EiT 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 the user
and EiT with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and EiT 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 to the parties that this agreement
and all related documents be written in English.
Changes to Terms
EiT reserves the right, in its sole discretion, to change the Terms under which everythingistrue.org
is offered. The most current version of the Terms will supersede all previous versions. EiT
encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
EiT welcomes your questions or comments regarding the Terms:
1417 Center Ave
Sheboygan, WI 53081
Email Address:
thejerkincharge@everythingistrue.org
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Effective as of September 01, 2020
This is a RocketLawyer.com document.