Terms of Conditions and Service

AYN RAND INSTITUTE SITE

Last Updated: April 26, 2016

The Ayn Rand Institute (“ARI,” “we,” “us,” “our,” “the Institute”) Website (“Site”) is available subject to your acceptance of these Terms of Conditions and Service (“Terms”). These Terms outline the legal relationship between you and ARI regarding your use of the ARI Site. Please read the following information carefully.

BY CONTINUING TO USE THE SITE AND RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS SITE.

PURPOSE AND USE OF THIS SITE

The ARI Site aims to foster a growing awareness, understanding and acceptance of Ayn Rand’s philosophy of Objectivism. Our Site does this by providing information on Ayn Rand’s philosophy and creating a culture in which individuals are free to pursue their own happiness. Our Site provides information, opinions, materials and other content (collectively, “Content”) about Ayn Rand’s philosophy for the benefit of ARI Site users (“users”).

You may use our Site and Content only if you comply with these Terms and all relevant laws. Use of this Site is subject to the following restrictions:

Website Usage

This Site is directed to individuals and entities located within the United States and certain international regions. You represent and warrant that you are not accessing this Site from an embargoed country. This Site is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Site and its Content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. Any such persons are NOT authorized to access or use any of the information on this Site.

This Site is not directed at, or available for use by, any individual under the age of thirteen. By using and/or signing up on our Site, you warrant that you are thirteen years of age or older. If you are under the age of thirteen, please leave this Site immediately.

Accounts

Users may create an ARI account (“Account”) on this Site by registering a username and password. As part of the registration process, each user will select a username and password. When you create your Account, you must provide accurate and complete information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Account. You are the sole authorized user of your Account, and you are responsible for maintaining the confidentiality of any password provided by you or ARI for accessing your Account. You are solely and fully responsible for all activities that occur under your Account. ARI has no control over the use of any individual Account and expressly disclaims any liability derived therefrom.

We do not warrant that the functions contained in the services provided by our Site, including services related to your Account, will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

PROHIBITED USES

You are prohibited from:

• Selecting or using a username of another person with the intent to impersonate that person;
• Using a name subject to the rights of any other person without proper authorization; or
• Using a username that we, in our sole discretion, deem inappropriate or offensive.

ARI must be promptly notified of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You will be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and you may be reported to appropriate law enforcement agencies.

ARI does not require visitors to register or provide information in order to view the general content of our site. However, by using our Site, with or without registration, you are subject to the Terms of this agreement.

Our License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site provided by ARI, in the manner permitted by these Terms.

USER CONTENT

ARI collects certain information voluntarily provided by users (“User Content”). User Content may include, but is not limited to, any information, including personally identifiable information, that you provide to us voluntarily. Personally identifiable information (PII) includes, but is not limited to, first and last name, date of birth, address, email, telephone number, education and employment.

Collection of User Content may occur when you respond to a request for information, register for or order educational or other products and services, set up a social network or otherwise register for a Site profile or account, choose to use one of our learning assessments, courses or other interactive tools or otherwise communicate with ARI. The exact nature of the information you submit may vary depending on the type of response or service requested. We only collect information necessary to provide a requested service or respond to an inquiry.

In order to better understand the impact and reach of our programs, ARI shares information about our program participants with our affiliates and select organizations or entities with which we have an established relationship. Such information is never sold. By sharing your information with ARI, you agree that we may use your information to contact you about other activities, with educational materials or opportunities, as disclosed to you at the point of collection, or in any other manner that advances our educational and charitable purposes. We may share or transfer your information with our affiliates and any other organizations or entities for similar purposes. By using our Site, you consent to the collection and use of your User Content for the purposes specified in the Ayn Rand Institute’s Privacy Policy.

You are solely responsible for any User Content you provide to ARI and for any consequences thereof. You represent that you have the right to provide any User Content, and that such User Content, or its use by us as contemplated by these Terms, does not violate these Terms or applicable law. You agree to provide accurate, current, complete and timely updated User Content. You agree that we may rely on your User Content as accurate, current and complete. You acknowledge that if your User Content is untrue, inaccurate, not current or incomplete in any respect, we have the right to consider it a breach of these Terms and suspend or terminate access to your Account.

By submitting User Content, you grant ARI a worldwide, non-exclusive, transferable, sub-licensable, perpetual, royalty-free license to use any User Content that you post on or in connection with the Site. Aside from the rights specifically granted herein, you retain ownership of all rights in the User Content that you submit to the Site, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content you submit and to object to derogatory treatment of such User Content.

USER SAFETY AND CONDUCT

ARI is concerned with the safety and well being of our users. As a condition of your use of this Site, you agree to all of the following:

• You acknowledge that your use of the Site is for personal use only. You agree that you will not use the Site or Contents for any commercial purposes.
• You are responsible for all activity that occurs under your Account, including your conduct and any User Content you provide or that you allow others to provide under your Account.
• You will not use our Site to harass, threaten, impersonate or intimidate another person, including other users.
• You will not misrepresent your identity or affiliation with us or any other person or entity when using our Site.
• You will not provide, submit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable.
• You will not provide, submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links” or any other form of solicitation. Inquiries regarding a commercial advertising relationship with ARI should be directed to mail@aynrand.org.
• You will not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws).
• You will not use our Site for any illegal or unauthorized purpose.
• You will not access, “hack,” alter or otherwise use any part of the Site in any unauthorized manner.
• You will not utilize any bugs, robots or other technological device to access or extract any data or information contained on the Site.

THIRD-PARTY LINKS AND SERVICES

For your convenience, we may provide links to various other sites that may be of interest to you and for your convenience only. ARI does not control or endorse such sites and is not responsible for their content or the accuracy or reliability of any information, data, opinions, advice or statements contained within such sites. These Terms apply only to our site and the products and services offered by ARI. If you decide to access any of the third-party sites linked to by this site, you do so at your own risk. ARI reserves the right to terminate any link or linking program at any time. ARI disclaims all warranties, express and implied, as to the accuracy, validity and legality or otherwise of any materials or information contained on any third-party sites.

WARRANTY DISCLAIMER

ALTHOUGH ARI ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. OUR SITE OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED SITES.

ARI, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE AND/OR ANY HYPERLINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ARI, its officers, directors, employees, agents, licensors and suppliers from and against any claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from your violation of these Terms.

INTELLECTUAL PROPERTY

This Site, and its materials, organization and layout, are protected by federal and international copyright, trademark and treaty laws. All pages within, and Content made available to you from, this Site are the intellectual property of the Ayn Rand Institute and its affiliates, unless otherwise noted. “ARI” is the service mark of Ayn Rand Institute. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

USE OF SITE CONTENT

The commercial use, reproduction, republication, licensing, transmission, copying, display, modification or distribution of any information, images, software or other Content available through this site without the prior, express written consent of ARI is strictly prohibited.

You may view, use, copy and download small portions of the Site Content (including, without limitation, text, graphics, software, audio and video files and photos) solely for your personal, non-commercial use. You shall keep intact any proprietary notices, including copyright notices and management information, contained on any materials and shall comply with any applicable end user license agreements.

You may not create derivative works from, links to or frames in another site, or use on any other site any part of this Site, including Site Content. You may not store, modify, reproduce, transmit, reverse-engineer or distribute a significant portion of the Site Content, or the design, layout or individual sections of this Site, in any form or media. The systematic retrieval of data from the Site is also prohibited.

No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such Content.

DMCA COPYRIGHT POLICY

a. Notice.

If you are a copyright owner or an agent thereof and believe that any User Content infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act (“DMCA”), notify our Copyright Agent by providing the following information in writing (see 17 U.S.C § 512(c)(3)):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an email;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that a failure to comply with all of the above requirements will result in an invalid notification.

ARI designated Copyright Agent to receive notifications of claimed infringement is:

Ayn Rand Institute’s Copyright Agent:

Gagnier Margossian LLP
ATTN: Ayn Rand Institute’s Copyright Agent
224 Townsend Street
San Francisco, CA 94107
Email: gagnier@gamallp.com

b. Counter-Notice.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to submit the User Content, you may send a counter-notice containing the following information to the Copyright Agent:

• Your physical or electronic signature;
• Identification of the User Content that was removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
• Your name, address, telephone number and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, ARI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at ARI’s sole discretion.

NO PROFESSIONAL ADVICE

The information available on the Site is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.

LIMITATION OF LIABILITY

a. Limitation of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AYN RAND INSTITUTE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AYN RAND INSTITUTE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID AYN RAND INSTITUTE, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT AYN RAND INSTITUTE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

b. Release of Liability.

ARI, using our sole discretion, may take any action with respect to User Content that we deem necessary or appropriate, especially if we believe that such User Content could create liability for ARI, damage ARI’s brand or public image or cause ARI to lose, in whole or in part, the services of its ISPs or other suppliers.

While ARI reserves the right to remove User Content and other material, ARI does not assume any obligation to do so and disclaims any liability for failing to take any such action. ARI also has no control over the accuracy, reliability, completeness or timeliness of User Content and makes no representations about such User Content. Under no circumstances will ARI be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content submitted, posted, displayed or otherwise made available via the App or broadcast elsewhere.

While ARI complies with the strict privacy procedures outlined in the ARI Privacy Policy, we expect you to use caution and common sense when using our Site and to recognize the risks involved with submitting sensitive content, especially personally identifiable information.

If you are a California resident, you agree to waive California Civil Code Section 1542, which states:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Understand that ARI will be relieved of all liability arising from unknown or unsuspected claims. Since we do not and cannot be involved in dealings between users or control the behavior of users outside the Site, in the event that you have a dispute with one or more users or non-users regarding use of the Site, you release ARI (and our agents and employees) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

ARI cannot guarantee and does not promise any specific results from use on the site. No advice or information, whether oral or written, obtained by a user from ARI shall create any warranty not expressly stated herein.

ARBITRATION

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any ARI confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, 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 held in the Central District of California.

All information relating to, or disclosed by, any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representative(s) without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

GENERAL TERMS

Right to Modify

ARI reserves the right to modify these Terms and the ARI Privacy Policy, at any time, with or without prior notice, by posting amended terms (“Updated Terms”) to these respective policies. Non-material changes and clarifications will take effect immediately. Material changes will take effect within fourteen (14) days after their posting on the ARI Site. Upon making material changes, we will post any material changes in a link at the bottom of our home page and indicate the effective date of the Updated Terms as well as email the users and members who subscribe to our mailing list. Your continued use of the Site beyond thirty (30) days after our notice to you constitutes your acceptance of the Updated Terms. WE STRONGLY ENCOURAGE YOU TO REVIEW THESE TERMS AND THE ARI PRIVACY POLICY AT LEAST ONCE EVERY MONTH.

ARI reserves the right to immediately change, suspend, remove or discontinue any part of the Site or content, whether submitted by ARI or by a user, for any reason, without prior notice or liability.

Entire Agreement/Severability

These Terms, the ARI Privacy Policy and any additional agreements you enter with ARI in connection with the Site constitute the entire agreement (“Entire Agreement”) between you and ARI concerning the Site. If any provision in these Terms is deemed invalid, then such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Any other agreements you may have with ARI that do not regard the Site are considered separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with ARI that do not regard this Site.

Governing Law

These Terms shall be governed in all respects by the laws of the State of California without reference to its choice of law provisions.

Subscription via Email

Once you submit an email address to our Site, you authorize us to send you notices, announcements and special offers via email. Opt-out instructions are included in all such messages. PLEASE NOTE THAT IT IS YOUR OBLIGATION TO KEEP YOUR CURRENT EMAIL ADDRESS AND CONTACT INFORMATION UPDATED AT ALL TIMES.

Reservation of Rights

Any rights not expressly granted by these Terms and Conditions, or any applicable end user license agreements, are reserved by the Ayn Rand Institute and its affiliates.

CONTACT US

If you would like to request additional information regarding these Terms, please contact us at webmaster@aynrand.org.