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Terms of Use

Last Updated:  November 2, 2009


Welcome to TheWashingtonUpdate.com (the “Website”), a website operated by The Washington Update LLC (“The Washington Update,” “we,” or “us”).  This Terms of Use agreement is a legal contract.  By using the Website, you agree to be bound by the terms of this contract and all the terms contained in other policies incorporated into this contract. Please read the Terms of Use carefully before using the service.

 

General

We reserve the right to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of the Website, including your receipt of any services that you requested through the Website, following the posting of any changes to the Terms of Use constitutes your acceptance of those changes and your agreement to be bound by them.  If at any time you do not agree with these Terms of Use, you must immediately stop using the Website and terminate your access to the Website using the procedures described in the “Termination” section, below.

You are required to comply with all applicable laws while using the Website, as well as additional terms that may be provided in a subsequent notice to you by The Washington Update.  As a condition of your access to the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

 

Website Content

You acknowledge that neither The Washington Update nor Andrew Friedman, nor any law firm with which Andrew Friedman may be associated, is providing professional, legal, or tax advice as to the matters discussed.  Any information supplied by The Washington Update or its personnel, whether through the Website or via telephone, e-mail, letter, facsimile, or other form of communication, is general in nature and is provided for informational purposes only.  There is no guarantee as to its accuracy or completeness.  Such information is not intended and may not be regarded as professional, legal, or tax advice and recipients may not rely upon it (including for purposes of avoiding tax penalties imposed by the IRS or state and local tax authorities).  You agree that you will not treat information from The Washington Update or the Website as professional, legal, or tax advice or rely upon such advice.  Recipients of this information should consult with their legal and tax counsel as to matters discussed and before entering into any investment, insurance, estate planning, or trust arrangement.

In addition, the Website does not purport to be impartial or to provide an exhaustive source of information, materials, resources, research data, or scientific studies.  Rather, the Website provides a limited set of resources that The Washington Update, in its discretion, has selected for presentation on the website.

The Washington Update uses reasonable efforts to ensure that the information, materials, and resources provided on the Website are current as of the date of their publication, but we do not undertake to update historical items on the Website as circumstances change.

 

Privacy Policy

Our Privacy Policy describes our policies concerning collection, use, and disclosure of personal information that we collect through the Website.  By using the Website, you are consenting to the practices described in our Privacy Policy, which is incorporated within these Terms of Use by reference.


Premium Access

Portions of the Website (“Premium Areas”) are restricted to “members” who have registered with us, have paid an annual fee, and have received a user name and password through which they are authorized to access these Premium Areas.  To become a member, you must provide us with correct and current information regarding yourself.  By becoming a member, you represent that the information that you are providing is correct and that you will contact us to update it if it changes while you are a member.  If you are not a member of the Website, you are not authorized to access Premium Areas.

Members may not share their user name and password information with others and are required to take all reasonable efforts to maintain the security of their user name and password information.

By paying the annual fee in effect when you subscribe, you become a “member” and are entitled to access Premium Areas on the Website for a full twelve-month period beginning the date and time of payment and ending one year from the date and time of payment.  No refunds or cancellations are permitted, except that, if The Washington Update discontinues the Premium Areas of the Website and does not provide a replacement, or if The Washington Update terminates your access to the Premium Areas of the Website (except in the case of your breach of these Terms of Use), The Washington Update will endeavor to provide you with a pro-rated refund of your subscription fee, calculated based on the portion of the twelve-month during which you have paid for service that remains as of the date of termination.

If The Washington Update terminates your access as a result of your breach of these Terms of Use, you will not be entitled to any refund.

From time to time, we may adjust the cost of access to the Website’s premium content.  If a different price applies to subsequent subscription terms, we will notify you of the new price before you process your subscription renewal.

 

Your License to Use Website Content

Except where noted, all information, materials, and other content located on the Website are the property of The Washington Update or its third-party licensors and are protected under United States and international copyright laws and treaty provisions.

The Website (including information provided by The Washington Update via e-mail) is provided exclusively for informational and non-commercial use.  Although you may make one machine readable copy and/or one print copy of articles or other publications that you are authorized by The Washington Update to access, you may not redistribute or republish the Website or any of its content or use the Website or its content in any business context or context for which you receive direct or indirect consideration.

Except as permitted by this section, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website or use it for commercial purposes; provided that you may download material from this Website for your own non-commercial use and you may make individual machine-readable copies or individual print copies of occasional items of interest to you.  Without limiting the generality of the foregoing, you may not distribute any part of this Website over any network, including a local area network, nor sell or offer it for sale.

 

Restrictions on Use

By using the Website, you agree that you will not:

(a)    violate any applicable law in connection with your use of the Website;

(b)    use the Website or its contents in any way that could overburden, impair, disable or damage any computer or networking equipment owned or operated by The Washington Update or any third party or interfere with the proper operation of the Website;

(c)    obtain or attempt to obtain any content or information that has not been intentionally made available to you on the Website;

(d)    use any automated means, such as scripts, screen-scrapers, or website copying applications, to capture, copy, or otherwise attempt to access the Website through any method other than the interface provided by The Washington Update, or to distribute content of The Washington Update using frames or other technology that associates your name or brand with our content, except that if you are the operator of a bona fide Internet search engine service available to the general public, you may access the Website using robots or similar devices only to the extent not prohibited by us using machine-readable instructions posted on the Website; or

(e)    forge or obscure any TCP/IP packet header or other identifying information in Internet communications;

(f)    take any action that The Washington Update, in its exclusive discretion, believes could endanger or cause harm to The Washington Update, other users of the Website, or third parties.

 

Links to Other Websites

The Website may contain links to other websites solely as a convenience to you.  The Washington Update makes no representations about websites linked from the Website.  The inclusion of any link on the Website does not imply that The Washington Update endorses, recommends or accepts any responsibility or liability for such sites, their content, policies, practices, products, services or companies.  We encourage you to read the terms of use and privacy policies of any website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

 

Notice Regarding Children

The Website is intended for adults only.  We do not intend for this website to collect information from anyone under the age of 13.  Information published on this site is not intended for anyone under the age of 13, and you agree not to access or attempt to access the website if you are under that age.

 

Submissions

Although The Washington Update collects limited personal information (the treatment of which is governed by the Privacy Policy referenced above), The Washington Update does not want to receive confidential or proprietary information from you, including through the Website or via email.  Please note that, other than as set forth in the Privacy Policy, any information or material sent to The Washington Update may not be treated as confidential.  We have no duty to keep any such information confidential.  If you submit information or materials to us, you grant The Washington Update an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information.  You understand that you will not be compensated or credited for any such use.  You agree that you shall have no recourse against The Washington Update nor any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.

 

Indemnification

You agree to indemnify and hold harmless The Washington Update, its members and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors (collectively, the “Indemnified Parties”), from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with, your use of the Website (including e-mail content provided to you by The Washington Update) or any violation or alleged violation of this Terms of Use agreement or its components (including but not limited to the Privacy Policy).  We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section.  In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

No Warranty

THE WEBSITE, ITS CONTENTS, AND THE SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, THE WASHINGTON UPDATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. THE WASHINGTON UPDATE DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.


Limitation of Liability

YOU AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND DAMAGES CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF ANY OF THE INDEMNIFIED PARTIES) IN ANY WAY ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE WEBSITE (INCLUDING ITS ASSOCIATED E-MAIL CONTENT), EVEN IF THE WASHINGTON UPDATE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Additional Terms

Some products or services referenced on the Website may be subject to additional terms or conditions.  If such additional terms or conditions apply, we will provide them to you before you access the product or service to which they apply.

 

Governing Law

These Terms of Use and all matters relating to your access to, or use of the Website shall be governed by the laws of Virginia, without regard to choice of law rules. You agree that any legal action or proceeding between The Washington Update and you concerning these Terms of Use or the Website or in any way related to this Website shall be brought exclusively in a court of competent jurisdiction sitting in Virginia, unless otherwise agreed by all of the parties.  Any cause of action or claim you may have with respect to these Terms of Use, the Website, or The Washington Update must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

 

No Waiver


The Washington Update reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use.  The Washington Update’s failure to enforce these Terms of Use in every instance in which it is entitled does not constitute a waiver of its rights.

 

Termination

The Washington Update may terminate this agreement and/or suspend or revoke your permission to access the Website at any time and for any reason upon notice to you (provided that sending an e-mail to the most recent e-mail address that you have provided to us shall constitute notice), and you agree not to attempt to access the site after receiving actual or constructive notice of The Washington Update’s revocation of your permission to access the site.  If you wish to discontinue your own access to the Website, you may make such a request by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .  As described above, however, you will not be entitled to a refund to any subscription fees paid if you terminate your access to the Website before the end of the term for which you have paid.  Otherwise applicable sections of these Terms of Use shall survive any termination of these Terms of Use or of your authority to access the Website.

 

Severability and Integration

Unless otherwise specified herein or in a supplemental terms of use agreement presented to you before you access a product or service provided by The Washington Update, these Terms of Use (and the Privacy Policy incorporated herein by reference) constitute the entire agreement between you and The Washington Update and governs your use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Washington Update.

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

 

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Washington Update as a result of these Terms of Use or your access to and use of the Website.

Questions

Please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you have any questions or comments about these Terms of Use.

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BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS CONTRACT.

Please read our Terms of Use and Privacy statements.