ON THE RECORD [OTR] DISCLAIMERS
Our Terms of Use
TERMS & CONDITIONS
THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING ONTHERECORD.ORG. PLEASE READ THEM CAREFULLY.
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Last updated: March 2022
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Acceptance of terms
OnTheRecord.org, including all website-related content and services (collectively, “OnTheRecord.org”) is provided by the On The Record Institute (the “Institute,” “we,” “us”). Your use of OnTheRecord.org is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplements any additional guidelines or other terms posted by the Institute in relation to specific site-related services or content. Although you can access and read portions of OnTheRecord.org just by visiting the site, you must sign up to use certain OnTheRecord.org features—such as receiving newsletters. Use of other affiliated websites is governed by the terms of use policies posted on those sites.
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Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to OnTheRecord.org (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Terms of Use. By using OnTheRecord.org, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of OnTheRecord.org. The Institute may deny service to you at any time, including in the event you do not adhere to the Terms of Use.
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About Us and the purpose of OnTheRecord.org
On The Record Institute is an independent, non-partisan 501(c)3 not-for-profit research watchdog. As a tax-exempt organization, the Institute is prohibited from supporting attempts to influence the outcome of any election for public office. Accordingly, with OnTheRecord.org, the Institute seeks to provide an independent forum to discuss important issues, individuals, and organizations —not to advance the interests of any particular political party or candidate for office.
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The Institute’s proprietary rights and reuse policy
You acknowledge and agree that the information and materials presented on or through OnTheRecord.org will remain the property of the Institute and its licensors or providers and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules, and regulations. The materials produced by or for the Institute (including photographs, graphics, video, and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for the Institute are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by or for the Institute.
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The trademarks, service marks, logos, and trade names displayed on OnTheRecord.org (collectively the “Marks”) are the registered and unregistered trademarks of the Institute, the Institute’s licensors and suppliers, and others. All Marks on OnTheRecord.org not owned by the Institute are the property of their respective owners. The Marks owned by the Institute, whether registered or unregistered, may not be used in connection with any product or service that is not the Institute’s.
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Please review our Reuse Policy below, which is incorporated into this Terms of Use by this reference, to determine how you may use certain materials posted on OnTheRecord.org.
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Web links and other resources
OnTheRecord.org provides links to other websites and resources. Because the Institute has no control over these sites and resources, you acknowledge and agree that the Institute 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. The Institute is providing these links to you only as a convenience. The Institute has the right but not the obligation to block links from or to OnTheRecord.org at any time.
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Claims of copyright infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Institute infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it be blocked. Notices and counternotices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counternotices with respect to OnTheRecord.org should be sent to:
By mail:
On The Record Institute
PO Box 53088
1921 Florida Ave. NW
Washington, DC 20009
By email: copyright [at] ontherecord.org
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Privacy policy
All information provided by you or collected by us during visits to OnTheRecord.org (including when you register to become a member or sign up to use certain features) is governed by the Institute’s Privacy Policy, which is hereby incorporated into the Terms of Use by this reference. Please review it carefully by clicking here.
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Jurisdictional issues
OnTheRecord.org is controlled and operated by the Institute in the State of Delaware, and is not intended to subject the Institute to the laws or jurisdiction of any other state, country, or territory. Those who choose to access OnTheRecord.org do so on their own initiative and at their own risk and are solely responsible for complying with all local laws, rules, and regulations.
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Termination
You agree that the Institute, in its sole discretion, may terminate your use of OnTheRecord.org or any part thereof, at any time and for any reason, including if the Institute believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that the Institute will not be liable to you or any third party for any termination of your access to OnTheRecord.org.
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Disclaimers
ONTHERECORD.ORG IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ONTHERECORD.ORG AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE INSTITUTE DISCLAIMS ALL WARRANTIES WITH RESPECT TO ONTHERECORD.ORG.
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On The Record Institute does not currently have a central editorial board. Thus, contributions are made by a large number of volunteers at their own discretion. On The Record Institute cannot be held liable for any mistakes. Furthermore, OTR Institute Founder Leo Ashe is not personally responsible for our content and cannot make any guarantees as to its completeness or correctness. OnTheRecord.org may include inadvertent inaccuracies or errors or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to OnTheRecord.org content or features. Although we attempt to ensure the integrity of OnTheRecord.org, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which OnTheRecord.org's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the URL of where such material can be found on OnTheRecord.org, as well as information sufficient to enable us to confirm the evidence provided and contact you if necessary.
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Limitation of liability
NEITHER THE INSTITUTE NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO OnTheRecord.org AND/OR MATERIALS CONTAINED THEREON, ANY LINKED SITE, OR ANY CONTENT OR SERVICE AVAILABLE THROUGH ONTHERECORD.ORG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, SERVICES, OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.
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Indemnification
You agree to defend, indemnify, and hold harmless the Institute and our directors, officers, employees, and consultants from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise out of or from: (a) your activities in connection with OnTheRecord.org; (b) any violation of these Terms of Use by you; or (c) any allegation that any submissions or other materials you submit to us or transmit to OnTheRecord.org infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.
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Miscellaneous
These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware. You agree to submit to the exclusive jurisdiction of any court located in the State of Delaware, and waive any jurisdictional, venue, or inconvenient forum objections to such courts in any matter arising out of or related to OnTheRecord.org or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The Institute may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.
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PRIVACY POLICY
About Your Rights
On The Record Institute believes in transparency, and we want you to know how we use online information collected from you and what choices you have. We realize that reading detailed privacy policies takes time, so we provided below a series of short statements about our online privacy practices, and you can find a more detailed version HERE:
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Information we collect automatically: We collect some information automatically when you visit our websites. This is non-personally identifiable information, and we generally only use it for administrative purposes. We may sometimes use automatically collected data in conjunction with other data we have about you, including personally identifiable information you have voluntarily provided us, to help facilitate our advocacy and fundraising efforts.
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Cookies and clear GIFs: Cookies and clear GIFs are technologies that allow websites to track certain usage information and remember users when they return to a website. This section describes these technologies and how we use them.
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Email newsletters and other lists: If you wish to receive some or all of our newsletters, you may provide us with your email address.
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Our blogs: If you wish to leave comments about posts on our blogs, we first require you to register and provide personally identifiable information to help prevent spam and other abuse.
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Online donations: Certain personally identifiable information is required to process online donations. We are also happy to accept fully anonymous donations by U.S. mail.
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Social networking: Social networking can be a useful tool, but you should familiarize yourself with the privacy policies of each social networking site that you use.
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Other interactive services: We may provide other interactive services as well. If you ever have a question not answered by this policy, please feel free to contact us.
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Special note regarding interactive services: Any communications you submit or post to a blog, message board, social networking site, or other interactive feature may be viewable by other participants or users of the service. Therefore, you should understand that you have no expectation of privacy or confidentiality in the content you submit to such interactive features, whether or not it contains personally identifiable information about you.
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Security: Maintaining the security of information about our constituents is a priority for us.
As always, we welcome your feedback; contact us.
REUSE POLICY
Copying Content
1. In general
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A. License
You may copy, reprint, publish, reproduce, or otherwise display materials (excluding copyrighted photos) from OnTheRecord.org on the condition that you attribute those materials to the On The Record Institute and provide a link to our website (https://OnTheRecord.org).
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B. Copyright protection
The materials produced by or for On The Record (including, but not limited to, text, photographs, graphics, video, and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content, and other elements comprising this compilation and produced by or for On The Record are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in any materials produced by or for On The Record.
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C. Limit on use
Except as expressly permitted above, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any material produced by or for On The Record.
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2. Editorial changes not permitted
You may not make any editorial changes to articles or materials without first receiving express permission from On The Record. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.
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3. Revocation in place of breach
If any of the terms of this agreement are breached, On The Record reserves the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.
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