Welcome to the Whistleblower Network News (WNN). Access to the WNN Web site and use of WNN Internet products and services (collectively, the “Service[s]”) are subject to these Terms of Service, as may be amended from time to time (the “TOS Agreement”). The WNN Web site is available and accessible by the general public, who may use the WNN Web site with or without registering to use it (the “User[s]”). All Users are subject to the terms of this TOS Agreement.
Please read this TOS Agreement carefully. Your (“You” or “Your” shall refer to all Users) access and use of the WNN Web site will constitute Your acceptance of this TOS Agreement and create a legally binding and enforceable agreement between User and the WNN. In addition, You are subject to and are bound by all applicable laws and regulations and all other WNN terms, conditions, and policies as posted throughout the WNN Web site and as may be amended from time to time. The WNN’s acceptance is expressly conditioned on You agreeing to this TOS Agreement, and this TOS Agreement becomes effective upon Your use of the WNN Web site. If You do not agree to be bound by this TOS Agreement, then immediately discontinue use of the WNN Web site.
Description of Service
- The WNN Service is operated by the National Whistleblower Legal Defense & Education Fund (“FUND” or “Fund” or “We”). The Service includes the WNN Web site, which provides You with the capability to (1) view various legal and other types of documents or have the WNN post content on Your behalf, (2) have digital versions of publications delivered to You or to other third parties, (3) post commentary or queries on various topics, (4) share articles and WNN Web site information with other Internet users, and (5) purchase advertising. New Services may be offered from time to time. Any such new Service that may be introduced to You shall be covered by the terms of this TOS Agreement. The WNN Web site may also contain advertisements and links to other Web sites, which You hereby acknowledge.
- The use of the Service is free to You, unless otherwise stated in this TOS Agreement or elsewhere on the WNN Web site, as in certain cases where fees may apply to post materials or purchase advertising. You are responsible for any fees and costs associated with Your access to the Internet or for any hardware and/or software that You may require to access the WNN Web site and/or the Internet.
- You are not required to register with the WNN. Any User has access to view public content on the WNN Web site. If You want to post documents or have WNN post content on Your behalf, receive e-mail updates, advertise, post a blog, or participate in other permitted, You may be required to provide certain limited information in order for the WNN to process Your request.
- WNN Services are to be used only by persons who can form legally binding contracts under all applicable laws in Your jurisdiction. If You are using the Services as an employee on behalf of an employer, You must have the authorization to bind Your employer by Your use of the Services.
Notice to Authors
- Author acknowledges and agrees that any material submitted on the WNN Service may be published to the general public on the Internet or through other media and expressly authorizes WNN to redistribute their content. Accordingly, Register User shall not post (1) any information through the WNN that Author believes to be, should have known was, or wishes to remain private or confidential; or (2) any information Author believes others would wish to remain private or confidential.
- Author is solely responsible for determining the legality of any publications posted on the WNN Web site, including, without limitation, whether any such material constitutes attorney or other professional advertising pursuant to any laws or professional association or legal association rules of any jurisdiction.
- Author represents and warrants that any materials or publications posted on the WNN Service by Author are true and not misleading. Author will provide to the WNN Service timely updates to any changes in law, qualifications, professional achievements, employers, affiliations, or contact information.
- Author will not list an individual as an “attorney” or “lawyer” or any other professional title or designation, and will not in any other way indicate a right to practice law or any other profession, unless said individual is an attorney or other applicable professional in good standing who is licensed to practice law or any other indicated profession in the jurisdictions represented. Author will not post any materials that include a solicitation for representation, a professional service advertisement, or any other commercial message.
- Author represents and warrants that no publications posted on the WNN Web site will contain any information that has been sealed by a court, is under a protective order, or is otherwise prohibited from public disclosure.
- As an Author, you attest that you have the legal ownership or legal right to use any publications or materials you post or permit to be posted on the WNN Service and authorize WNN to redistribute them on your behalf. Additionally, you attest that any publications or materials you post on the WNN Service on behalf of others is being done with the other party’s expressed consent. For any materials you post or permit to post, you agree to post any applicable copyright or other legend or mark asserting you or your organization’s rights to the posted materials.
- Author expressly agrees not to (1) post or disseminate any material that in the sole opinion of the WNN is libelous, defamatory, unduly controversial, harassing, obscene, pornographic, abusive, or deliberately offensive; (2) post or disseminate any material that in the sole opinion of the WNN infringes upon the intellectual property or privacy rights of any third party, including, without limitation, any publication, logo, photo, image, text, or biographical information of a third party or that includes a third party’s licensed or unlicensed copyrighted work or that lists a third party’s private information such as, but not limited to, trade or business secrets, social security number, credit card number, phone number, or non-public e-mail or postal mail address; (3) post or disseminate any material that in the sole opinion of the WNN otherwise violates any right of any third party, including, without limitation, any material non-public information about organizations or individuals without the express authorization to do so; (4) post or disseminate any material that in the sole opinion of the WNN is an express solicitation for representation, an advertisement, publicity for an attorney or other professional or any other commercial message, unless an advertisement has been purchased in the advertising area of the WNN Service; and, (5) post or disseminate any material that in the sole opinion of the WNN impersonates or assumes the identity, persona, or likeness of any person or organization.
- If you are an Author, you acknowledge that you may transmit information including but not limited to documents, text, video, and photos, and that the WNN is not responsible nor has any control over such posted or transmitted information. Author is responsible for all this posted information, including but not limited to its accuracy, quality, and usefulness. However, the WNN reserves the right to screen, refuse, or edit any posted material, if the WNN, in its sole discretion, reasonably believes that such posted material would be in violation of this TOS Agreement. Notwithstanding the foregoing, WNN is not responsible or liable for any damages or losses whatsoever associated with Author’s postings, and such posted materials are the sole responsibility of the Author.
- The WNN is not responsible or liable for any kind of losses or damages whatsoever arising out of Author’s failure to comply with Section 2 of this TOS Agreement. The WNN reserves the right, in its sole discretion, to refuse service, including, without limitation, as a result of any activity by an Author in violation of Section 2 of this TOS Agreement.
- Author acknowledges and agrees that it is his or her duty to create and maintain any backup copies of any material posted on the WNN Web site, and the WNN is not responsible for creating any such copies. The WNN is not responsible for the loss of any of Author’s data, which may occur intentionally, accidentally, or negligently. Furthermore, the WNN is not liable for any errors or inaccuracies in any of Author’s posted material. The WNN will make reasonable efforts to correct any errors in transcription of any posted material upon Author’s written request.
- User may only use the WNN Service for lawful purposes and in accordance with this TOS Agreement, WNN policies, and any operating rules established by the WNN. You may not use the WNN Service to abuse, harass, or impersonate any person or entity. You may not use the WNN Service to post or disseminate any material that is libelous, defamatory, harassing, obscene, or that infringes on the intellectual property or privacy rights of others. In addition, You may not post or disseminate any material that otherwise violates any rights of any third party or the FUND, including, without limitation, any material non-public information about individuals or organizations, without the proper authorization to do so.
- International Users
WNN Service is controlled, operated, and administered by the FUND from its offices within the United States of America. If You access the WNN Service from a location outside the United States, You are responsible for compliance with all local and international laws, as well as with the laws of the United States. B. You agree that You will not use the WNN Service or any publications or other content accessed through the WNN Service in any country or in any manner prohibited by the United States Export Administration Act or by any other applicable laws, restrictions, or regulations.
- Intellectual Property
- All software used on the WNN Web site and all content included as part of the WNN Service, such as text, graphics, logos, button icons, and images as well as the compilation thereof, is the property of the WNN, its suppliers/contributors, and or Authors and is protected by United States and international copyright laws. You agree to abide by all copyright notices, legends, or other restrictions contained in any such content and will not make any changes thereto. Trade names, logos, and service marks of the WNN and the FUND are trademarks of the FUND (the “Marks”). You agree not to display the Marks or use them in any manner without prior permission from the FUND. Other logos and product and service names are the property of their respective owners, as may be indicated on the WNN Web site.
- Each third-party content provider owns the copyright on content original to it, including, without limitation, the photos, images, videos, documents, text, postings, and other publications delivered or otherwise made available to You by the WNN Service. You acknowledge that You do not acquire any ownership rights by downloading or disseminating any copyrighted material except as expressly permitted by the third-party content provider and lawful copyright owner.
- Except as explicitly permitted under copyright law, You may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale of, create derivative works from, or in any way commercially exploit the content, or any portion thereof, of the WNN Service without the express permission of the copyright owner(s).
- You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the content made available to You by the WNN Service, except for Your personal, non-commercial use, unless You have the prior written approval of the copyright owner. Furthermore, User hereby acknowledges that (1) any transmittal and/or sharing of the content of the WNN Web site made possible by the sharing features of the WNN Web site is transmitted for personal use only and not for any commercial purposes, unless User has obtained the prior written consent of the copyright owner(s); and (2) any such transmittal and sharing does not grant You any right, title, or interest in any transmitted content.
- We do not grant You any licenses, express or implied, to the intellectual property of the FUND or any copyright owner except as expressly authorized by this TOS Agreement. However, Authors grant the FUND an irrevocable, royalty-free, and fully sub-licensable license to use, distribute, edit, publish, display, and otherwise use any content posted to or requested to be posted to its Web site. Authors expressly authorize FUND to enter into agreements to redistribute and /or license any content posted to or allowed to be posted to the WNN website or affiliated organizations.
- Third-Party Content
A. The WNN is a distributor and not the publisher of the materials (including text, photos, and graphics) or any other content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications offered by the WNN Service, are those of the respective author(s) or publisher(s) and not of the WNN. The WNN does not guarantee the accuracy, completeness, or usefulness of any content, nor will We be liable for any loss or damage caused by Your reliance on information obtained through the WNN Service.B. The WNN provides its Service for general informational purposes only. The WNN does not guarantee the quality or accuracy of the information accessed through its Web site. The Service is not intended to be nor is it legal or other professional advice or a substitute for seeking legal or other professional advice from a licensed attorney or an appropriate professional. Therefore, Users should not use the WNN Service for the purpose of seeking legal or professional advice. If a User is seeking professional advice, he or she should consult with a licensed attorney or appropriate professional.C. Transmission of information from or to WNN is not intended to and does not create an attorney-client relationship, nor should Users act upon any information on the WNN Web site.If You are seeking professional advice, You must consult a licensed attorney and/or other professional authorized to give such advice. D. WNN Service may contain links to other Internet sites and third-party resources. The WNN does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for Your convenience only. You are solely responsible for understanding any terms and conditions that may apply when You visit or make a purchase with a third-party site. The WNN makes no representations regarding any such site, cannot guarantee other sites’ practices regarding data privacy, and does not necessarily approve or endorse the information, products, or services contained on or accessible through such sites. You agree that by linking to other Web sites, Your use is solely at Your own risk. E. If You would like to display a link to the WNN Web site, We request that you link only to the WNN home page at www.whistleblowersblog.org We welcome links to the WNN Web site from other Web sites; however, We in no way operate, control, or endorse sites that display links to the WNN Web site. We reserve the right, in our sole discretion, to disallow any such link at any time. Any link to the WNN Web site or its content shall not be used in any way that would constitute an expressed or implied endorsement by the WNN or any of its contributors.
Some of the WNN Services are supported by donated advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the WNN Service, queries made through the WNN Service, or other information. In consideration for WNN granting You access to and use of the WNN Service, You agree that the WNN may place such advertising on the WNN Service.
- Modifications and Interruption to Service
- We reserve the right at any time to modify or discontinue, temporarily or permanently, the WNN Service (or any part thereof) with or without notice. Furthermore, You may experience interruptions in Your WNN Service due to scheduled and unscheduled downtime for maintenance or for other purposes, during which time You may not be able to access WNN Service.
- You agree that WNN shall not be liable to You or to any third party for any modification, suspension, interruption, or discontinuance of the Service, nor shall WNN be liable for any loss of data or transmissions during any modification or outage whatsoever. Your continued use or access of the Web site after modifications or any interruption in service shall be deemed Your conclusive acceptance of the modified Service.
- Disclaimer of Warranties
- YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT THE WNN SERVICE AND ALL CONTENT IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASES. WNN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER WNN NOR ITS AFFILIATES, LICENSORS, CONTRACTORS, OR AGENTS MAKE ANY WARRANTY THAT (1) THE WNN SERVICE WILL MEET YOUR REQUIREMENTS; (2) THE WNN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WNN SERVICE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WNN SERVICE WILL MEET YOUR EXPECTATIONS.
- YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT YOU BEAR THE RESPONSIBILITY FOR OBTAINING AND MAINTAINING RELIABLE INTERNET CONNECTIVITY. WNN IS NOT RESPONSIBLE FOR YOUR INABILITY TO DOWNLOAD OR UPLOAD CONTENT.
- YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY MATERIAL DOWNLOADED, UPLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WNN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.
- YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WNN OR THROUGH OR FROM THE WNN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS AGREEMENT.
- Limitation of Liability
- YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT WILL WNN, ITS AFFILILATES, LICENSORS, AGENTS, OR CONTRACTORS BE LIABLE UNDER ANY THEORY OF LAW FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF PROFIT, GOOD WILL, OR OTHER INTANGIBLE ASSETS; (3) THE INABILITY TO USE SERVICE; (4) THE USE OF SERVICE; (5) THE LOSS OF DATA; OR (6) ANY OTHER MATTER RELATING TO THE WNN SERVICE.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE WNN SERVICE, INCLUDING YOUR ACCESS TO ANY DOCUMENTS OR CONTENT OBTAINED THROUGH THE WNN SERVICE, AND WAIVE ALL CLAIMS OR CAUSES OF ACTION AGAINST THE WNN AND FUND, ITS MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR AFFILIATES.
You agree to defend, indemnify, and hold harmless the WNN, its licensors, suppliers, contractors, and any third-party content providers to the WNN Service and the WNN’s respective directors, officers, employees, and agents from and against all claims, losses, obligations, liabilities, expenses, damages, and costs, including reasonable attorney’s fees, resulting from (A) Your use of the WNN Service; (B) any violation of this TOS Agreement; (C) Your violation of any third-party right, including but not limited to any copyright or privacy right; and (D) any activity related to Your account (including negligent or wrongful conduct) undertaken by You or any other person or organization accessing the WNN Service using Your account.
- Copyright Infringement Claims
- It is the WNN’s policy to respond to clear notices, made in good faith, of alleged copyright infringement. The form of notice specified is dictated by the United States Digital Millennium Copyright Act (DMCA), the text of which can be found at the U.S. Copyright Office Web site at https://www.copyright.gov.
- Regardless of whether there may be infringement under local country law or United States law, the WNN’s response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating Users or Authors. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner and/or administrator of the affected site or content so that they may, at their discretion, make a counterclaim notification. We may also document notices of alleged infringement on which We act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third party who may publish and/or annotate it.
- To file a notice of infringement with us, You must provide a written communication that sets forth the items specified below. This communication must be sent by regular U.S. mail and not by e-mail, except by prior agreement.
- To expedite our ability to process Your request, and for Your notice to be effective pursuant to the DMCA requirements (see17 U.S.C. 512(c)(3) for details), Your notice must substantially comply with the following:
- Identify in sufficient detail the copyrighted work that You believe has been infringed upon or provide other information sufficient to specify the copyrighted work being infringed, including the location of the material on the WNN Web site.
- Identify the material that You claim is infringing the copyrighted work listed in item.
- Provide information reasonably sufficient to permit the WNN to contact You, including the company name, contact name, street address, phone number, and e-mail address, if possible.
- Provide information reasonably sufficient to permit the WNN to notify the owner/administrator of the allegedly infringing content, including the company name, contact name, street address, phone number, and e-mail address, if possible.
- Include a statement to the following effect: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include a statement to the following effect that is made under penalty of perjury: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Provide a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed.
- Send the written communication to the following address:Attn: Managing Director
Whistleblower Network News
c/o National Whistleblower Legal Defense & Education Fund
1800 M Street, NW, #33888
Washington, DC 20033
- Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice will be sent to a third party who may publish and/or annotate it. A link to Your published letter may be displayed in WNN’s search results in place of the removed content.
- The DMCA permits the administrator of an affected site or the provider of affected content to make a good-faith counterclaim notification pursuant to the DMCA (see17 U.S.C. 512(g)(3)). When We receive a counterclaim notification in compliance with the DMCA elements, We may reinstate the material in question. To file a counterclaim notification with the WNN, You must provide a written communication (via regular U.S. mail, not via e-mail) that meets the then-current statutory requirements imposed by the DMCA (seehttps://www.copyright.gov, 17 U.S.C. 512).
- Some WNN Services do not have Authors or account holders. For Services that do, the WNN will, in appropriate circumstances and in its sole discretion, terminate repeat infringers. If You believe that a User or Author is a repeat infringer, please follow the instructions above to contact the WNN and provide information sufficient for us to verify such allegations.
- Please note that You will be liable for damages (including costs and attorneys’ fees), and there may be penalties imposed under the DMCA, if You materially misrepresent that a product or activity is infringing Your copyrights or if You file a false claim or counterclaim. Accordingly, if You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.
If you wish to learn more about the Digital Millennium Copyright Act, click here.
The WNN has the right, but not the obligation, to monitor the WNN Service to determine compliance with this TOS Agreement and with any operating rules and policies established by WNN, and to satisfy any law, regulation, or government request. Without limiting the foregoing, We shall have the right to remove or right to refuse to post any content that We, in our sole discretion, find to be (A) in violation of the provisions of this TOS Agreement, (B) otherwise objectionable, or (C) in breach of WNN’s and/or its Authors’ obligations.
Either the WNN or You may terminate this TOS Agreement at any time and without notice. Without limiting the foregoing, the WNN may, in its sole discretion and without liability, disable or terminate Your use of the WNN Service for any reason, including, without limitation, if the WNN believes that You have violated or acted inconsistently with the letter or spirit of this TOS Agreement. Any termination of Your access to the Service under any provision of this TOS Agreement may be affected without prior notice, and WNN may immediately deactivate or delete Your account and all related information and/or bar any further access to the Service. Sections 4, 5, 6, and 8 through 13 shall survive termination of this Agreement. Furthermore, Author agrees that his or her account terminates upon his or her death. The WNN reserves the right to terminate and/or permanently delete all content of such Author’s account upon receipt of actual notice of Author’s death.
- Entire Agreement
This TOS Agreement and the other rules, guidelines, licenses, policies, and disclaimers posted on the WNN Web site constitute the entire agreement between the WNN and You with respect to Your use of the WNN Service and supersede all previous written or oral agreements between WNN and You with respect to the subject matter hereof.
- Governing Law
This TOS Agreement shall be governed by the statutes and laws of the District of Columbia, without regard to the conflicts of laws principles thereof. The parties consent to the jurisdiction of any state or federal courts located in Washington, DC. The parties waive personal service of any and all process and agree that all such service of process may be made by certified or registered mail, return receipt requested to the address as set forth below in the case of WNN, or to the address provided by an Author in the account information field. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES WAIVES THE RIGHT TO A JURY TRIAL IF ANY SUIT OR PROCEEDING ARISES UNDER THIS TOS AGREEMENT.
- Waiver and Severability
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If a court of competent jurisdiction finds that any provision of this TOS Agreement is invalid or unenforceable, this shall not affect the validity and enforceability of the remaining terms.
- Notification of Changes
From time to time, WNN may revise this TOS Agreement to keep them up to date with WNN’s products and services or other changes. For revisions to this TOS Agreement, Users shall periodically refer to https://whistleblowersblog.org/terms-of-use/ to become familiar with such changes. The date of update is intended to alert You to recent modifications. If You do not wish to accept such modifications, You may immediately cease using the WNN Service. Your access or use of the WNN Service subsequent to such an update signifies Your consent to be bound by such changes.
All notices, unless otherwise stated in the terms of this TOS Agreement, may be sent to:Attn: Managing Director
Whistleblower Network News
c/o National Whistleblower Legal Defense & Education Fund
1800 M Street, NW, #33888
Washington, DC 20033
Phone: (202) 864-2271
You are not allowed to assign or transfer this TOS Agreement in whole or in part or subcontract any of its rights or obligations without the prior written consent of the FUND; any attempted assignment or transfer by You without the FUND’s consent shall be void. The FUND may assign this TOS Agreement upon reasonable notice to You.
- Statute of Limitations
You agree any claim or cause of action arising out of this TOS Agreement or the use of WNN Service must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary.
You acknowledge that You have read, understand, and agree to the TOS Agreement, and that this TOS Agreement has the same force and effect as a signed agreement.
- Section Headings
Section Headings are for reference only and do not affect the meaning of the provisions.
- Effective Date
The terms of this TOS Agreement are effective as of February 18, 2020.