Legal Disclaimers

Terms and Conditions

general rules

Your access to and use of the www.the-american-interest.com web site ("the website") and all products and services of The American Interest (AI), regardless of media, is subject to the terms, conditions and disclaimers set forth below and from time to time throughout the website, to our online Privacy Policy, and to all applicable laws and regulations. In addition, AI reserves the right to terminate access to the website for any reason, and to take any other actions that AI, in its sole discretion, believes to be in the interest of The American Interest LLC and of its users and customers as a whole. AI reserves the right to modify these disclaimers, terms and conditions of access, without advance notice.

This is a binding contract between AI and you. By your acceptance of this agreement and use of the website, and as a material condition of such use, you warrant that you are over the age of eighteen and that you have provided accurate and complete information in any communication with AI including your login and user profile.

access and passwords

Access to the website is provided free of charge and does not create a professional services relationship or any other relationship with AI. Access to many pages on the website is limited to registered users, who are issued user names and passwords. Use of any password-protected area of the website is restricted to the registered user who has been given permission and a password to enter such area. This password may not be distributed to others, and the registered user is responsible for any and all damages to AI resulting from the distribution of his or her password.

You are responsible for maintaining the confidentiality of your password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to notify AI immediately of any unauthorized use of your registration or password.

license and termination

Your access to the website is licensed to you, not sold. This license immediately terminates upon your breach of this agreement and, in addition, AI may terminate the license immediately at any time, at will and for the convenience of AI. If you do not abide by the disclaimers, terms, or conditions herein, you are not authorized to use the website.

The website may be used only by you, and you may not rent, lend, sub-license, or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the website in any electronic network for use by more than one user unless you obtain prior written permission from AI.

For any images, text, data or other information (referred to here as "Content") you submit to AI, including profile information, chat room or forum pages, and any e-mail, you warrant that you own the right to utilize, to license and to sublicense the Content and you grant to AI a non-exclusive, worldwide, paid-up and royalty-free perpetual license, including right of sublicense, to use, display, distribute, perform, reproduce in whole or in part, modify and create derivative works from the Content, in any media.

intellectual property

AI and the website, and all other text and images contained on the website and in AI's products are protected by United States trademark and copyright law and other applicable law and are the property of AI, except as otherwise identified. All copyrights and trademarks not the property of AI that are used or referred to in the website and AI's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of AI or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law.

AI's products, including materials on the site, may not be modified, reproduced or displayed for any commercial or public purpose without specific written permission from AI.

acceptable use policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the website, and you agree not to engage in unacceptable use of the website, which includes, without limitation, use of the website to:

  • Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening or malicious, or any Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person, including AI; (b) any material, non-public information about companies without the authorization to do so;
  • Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument, or to provide information designed to manipulate any equity or security or market;
  • Interfere, disrupt, or attempt to gain unauthorized access to other profiles or accounts on the website or any other computer network;
  • Print out or otherwise copy or use any personally identifiable information about other users;
  • Disseminate or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs or other items of a destructive nature or any other malicious code or program;
  • Express or imply that any statements you make are endorsed by us;
  • Restrict or inhibit any other visitor or member from using the website, including, without limitation, by means of "hacking" or defacing any portion of the website;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the website;
  • Remove any copyright, trademark or other proprietary rights notices contained in the website;
  • "Frame" or "mirror" any part of the website;
  • Engage in any other activity deemed by AI to be in conflict with the spirit or intent of this agreement.

You understand that by using the website, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

content and non-endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of AI. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The website and third parties may provide links to web pages, web sites, and various resources or locations on the web. AI has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

If you have a copyright complaint about any information on the website, follow the procedure at this page. If you are aware of any communication on the website that is unlawful, infringes the property rights of AI, a user, or a third party, or otherwise fails to conform to these Terms of Service, please send an e-mail notification with the subject "Inappropriate Use" to ai@the-american-interest.com.

AI does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the blog area or any other part of the website, except that (i) AI may consolidate and edit for clarity any Content posted to the blog area, (ii) AI may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) AI reserves the right to monitor the website and to remove any information that AI, in its sole discretion, considers to be inappropriate or unlawful. The exercise of such rights shall not create an obligation for AI to monitor, screen or edit Content on the website in any way.

Please note that, because AI hosts a blog area on the website to which users can post information and, therefore, redistributes materials you give to us, AI requires certain rights in those materials. Accordingly, by sending or transmitting to AI creative suggestions, ideas, notes, concepts, information or other materials (collectively, "Submissions"), or by posting such Submissions to any area of the website, you grant AI a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on the part of AI and AI will not be liable for any use or disclosure of any Submissions.

limitation of liability and use

AI has worked to ensure the accuracy of the information it provides through its products and services, including through the website. This information frequently relies on data obtained from many sources, however, and AI cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF AI'S PRODUCTS AND SERVICES, INCLUDING THE WEBSITE, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND AI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AI DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE WEBSITE OR FROM AI, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM AI NOT EXPRESSLY STATED IN THIS AGREEMENT.

AI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER AI WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

indemnification

You agree to indemnify, defend and hold AI, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms of Service; (b) any allegation that any Content or other materials you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the website.

special agreement on fee-shifting and choice of law

If you attempt to bring any legal action against AI based in any way on its products or services, including the website, you agree that, in the event you do not prevail or AI does prevail, you will reimburse AI for any costs and attorneys fees associated with their defense of the action.

The use of the website and any claim or dispute relating to the website shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of the website is unauthorized in any jurisdiction that does not effect to all provisions of these Terms of Service, including without limitation this paragraph.

severability

If any provision or portion of these Terms of Service is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Privacy Policy

To help you understand how information submitted will be treated when you log on to and use our web site, The American Interest (AI) offers this Privacy Policy. Use of AI's web site (www.the-american-interest.com), and disclosure to us of your personal information, is optional and voluntary. By visiting www.the-american-interest.com, you are accepting and agreeing to the practices described in this Policy.

The following paragraphs describe the type of information AI collects from its web site, the reasons why such information is collected, how such information is used and who has access to it.

general principles

AI will not release your personal data to anyone else without your consent.

AI's Privacy Policy may change from time to time without notice to you.

You should read this Privacy Policy each time you plan to submit personal information so that you understand how the information you are submitting will be used.

Any changes made to the Privacy Policy will be prospective, not retroactive.

AI is not responsible for the information practices of third parties.

collection of information

AI collects information in various ways that is volunteered by visitors to its site. Certain identifying information, such as name, street address, city, state, zip code and email address, is gathered at certain interactive areas on the site, such as when the user subscribes to the print or electronic publication, or when the user purchases single issues of the publication while online.

Wherever possible and practical, AI gives users options about submitting information. Such choices include:

Opting not to receive our electronic newsletters.

Opting not to participate in certain interactive areas, which completely alleviates the need for collecting information from our users.

subscriptions

You may use the web site to subscribe to the print or electronic version of The American Interest by following the instructions for subscribing. All subscription-related information is collected from users on this site and stored by the magazine's fulfillment house, Kable Fulfillment Services, a reputable third party.

electronic newsletters

AI offers users the option of subscribing to an electronic newsletter from the main page. AI offers subscribers the option of signing on to the electronic newsletter, but does not automatically add subscribers to the list. The user can unsubscribe from the email list at any time by sending an email to ai@the-american-interest.com.

AI reserves the right to periodically contact subscribers with special offers for subscriptions or other services that AI offers.

letters to the editor

You may submit letters to the editor by sending your letters via email. Any letters you send to AI, whether online, in hard copy, or as a response on AI's online weblog, AI Cont'd. (www.the-american-interest.com/contd/), become the sole property of AI for all purposes in any media, may be modified by us in any way, and will not be returned to you.

cookies and ip addresses

A cookie file may contain information such as a user ID that the site uses to track the pages you have visited and to allow easy access to restricted areas of the web site. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off your hard disk, read cookie files created by other sites, or damage your files.

If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You also may refuse cookies by disabling them on your browser. You will need to have cookies turned on to use subscriber areas of www.the-american-interest.com.

IP addresses are also recorded in the log files on www.the-american-interest.com. AI may use IP addresses to analyze trends, administer the site, track users' movement and gather broad demographic information for aggregate use.

use of the information collected

AI uses any information you voluntarily give to enhance your experience, whether to provide interactive or personalized elements on the site, to present content more effectively, or to make our future marketing efforts more efficient.

AI uses information the user voluntarily submits to send out electronic newsletters and to enable users to move seamlessly through the web site. AI occasionally sends out newsletters when we think users might be particularly interested in something we are doing.

We also use tracking information to determine which areas of the site users like and do not like based on traffic to those areas.

AI creates aggregate reports on user demographics and traffic patterns for advertisers. This allows advertisers to advertise more effectively, and allows users to receive advertisements that are pertinent to their interests. Because AI does not track the usage patterns of individual users, an advertiser will never know that a specific user clicked on a particular ad.

information sharing

When you visit AI and are asked to provide information about yourself, unless specifically stated otherwise in this Privacy Policy, you are sharing that information only with AI. AI will not disclose the information you submit, except as described here, or when we believe in good faith that the law requires disclosure to protect the rights or property of AI, or for administrative or other purposes we deem necessary to maintain or service our products and services. For example, we may allow access to our database by third parties that provide us with services, such as technical maintenance, but only for the purpose of and to the extent necessary to provide you with our services.

As discussed above, Kable Fulfillment Services stores information collected from you when you subscribe online to our print or electronic publications. Kable Fulfillment Services has their own privacy and data collection practices. AI has no responsibility or liability for these third party policies.

If you do not want your data to be shared, you may choose not to permit the data to be collected or transferred by not submitting personally identifiable information on our site, or by not using a particular service.

security measures

AI's web site has technical and organizational security measures in place, including firewalls, to protect the information under our control from accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. Such measures do not guarantee prevention of loss, misuse, or alteration of information, however, so while we strive to protect your information, AI cannot warrant the security of information you transmit to us, and you do so at your own risk.

children's privacy

AI's website is intended for use by individuals over the age of 16, and not for children. If you are under 16, please do not submit any personally identifiable information on our site. Children should always ask a parent or guardian for permission to send any personal information online to anyone.

other information about your privacy

Whenever you voluntarily disclose any information online in any forum, that information can be collected and used by others. In other words, if you post personal information online that may be accessed by the public, you may receive unsolicited messages from other parties. It is important to be responsible and careful whenever you are online.

updating, correcting and deleting personal information

Users who subscribe to the print or electronic version of The American Interest may correct or change their subscription information online. Users may change this information at any time and as often as necessary. Users who are experiencing problems with updating information, or who have any questions about how our services work, may contact us at ai@the-american-interest.com.

Currently, AI does not offer users a means by which to completely delete personal information submitted while on this site.

additional information

If, for any reason, you believe that AI has not adhered to its Privacy Policy, please notify us by sending an email message to ai@the-american-interest.com. AI will try to respond to your concerns and, where appropriate, attempt to correct the problem.

By using this web site, you signify your assent to this policy statement regarding online privacy. If you do not agree to this Privacy Policy, please do not use our web site. Moreover, your continued use of this web site after we post changes to the Privacy Policy will mean that you accept those changes. If you have any questions about this Privacy Policy, the practices of this web site, or your interaction with AI, you may contact us at the email address posted above.

Return and Refund Policy

Since all merchandise sold directly on the web site of The American Interest (www.the-american-interest.com) through our online store is digital (individual articles, entire issues of the magazine, and audio files), all sales are final and no refund will be provided.

If you are not satisfied with our magazine, we will cancel your subscription and refund to you the remaining value of any unshipped issues, prorated at the rate you subscribed at. Please contact our fulfillment company, Kable Fulfillment Services, at 1-800-767-5273.

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