America First Policy Institute

Terms of Use

These Terms of Use (this “Agreement”) are a binding contract between you, whether personally or on behalf of an entity (“User,” “you,” or “your”), and the America First Policy Institute (“Provider,” “we,” or “us”) concerning your access to and use of Provider’s Services. By using, and continuing to use, the products and services offered herein, You agree to be bound by this Agreement.

Definitions

The following words, when used in this Agreement, shall have the following meanings:

“AI Service” or “Service” means any feature, functionality, or component of the Services that incorporates, uses, depends on, or employs any artificial intelligence technology.

“AI User Input” means information, data, materials, text, prompts, images, works, code, or other content that is input, entered, posted, uploaded, submitted, transferred, or otherwise transmitted by or on behalf of User through the AI Services.

“AI User Output” means information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Services in response to an AI User Input.

“AI Technology” means any and all machine learning, deep learning, and other artificial intelligence technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

“API” means any application programming interface Provider makes available in connection with the Services.

“Personal Information” means information that: (a) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, email addresses, and other unique identifiers); or (b) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, user identification and account access credentials or passwords, financial account numbers, credit report information, student information, biometric, health, genetic, medical, or medical insurance data, answers to security questions, an individual’s internet activity or similar interaction history, inferences drawn from other personal information to create consumer profiles, geolocation data, an individual’s commercial, employment, or education history, and other personal characteristics and identifiers. User’s business contact information is not by itself deemed to be Personal Information.

“Process” means to take any action or perform any operation or set of operations that the Services are capable of taking or performing on any data, information, or other content, including to collect, receive, input, upload, download, record, reproduce, store, organize, combine, log, catalog, cross-reference, manage, maintain, copy, adapt, alter, translate, or make other improvements or derivative works, process, weigh, perform statistical analysis, retrieve, output, consult, use, perform, display, disseminate, transmit, submit, post, transfer, disclose, or otherwise provide or make available, or block, erase, or destroy. “Processing” and “Processed” have correlative meanings.

“Provider IP” means the Services, the Documentation, and all intellectual property provided to User or in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of User’s access to or use of the Services, but does not include User Data. Provider IP includes all modifications, enhancements, refinements, adaptations, customizations, improvements, and derivative works of the Services.

“Services” means any and all services provided by Provider under this Agreement, including but not limited to the AI Services.

“Third-Party Products” means any products, technology, content, data, services, information, websites, or other materials that are owned by third parties and are included in, incorporated into, or accessible through the Services, including any third-party AI Technology.

“Training Data” means any and all information, data, materials, text, prompts, images, code, and other content that is used by or on behalf of Provider to train, validate, test, retrain, or improve any AI Technology incorporated into or used with, in connection with, or in support of, the Services.

“User Data” means AI User Input and AI User Output, information, data, and other content, in any form or medium, that is submitted, entered, posted, or otherwise transmitted by or on behalf of User through the Services, and any outputs based thereon or derived therefrom, including AI User Input and AI User Output.

Your Acceptance of Agreement

This Agreement binds you and all other users of the Services. By using the Services, you represent to us that you are at least 18 years old and you agree to comply with and be bound by this Agreement. If you do not agree to this Agreement in full, you may not access or use the Services. If you are not at least 18 years old or if you do not accept all of the terms of this Agreement, no license is granted and you are not authorized to access or use the Services.

Your Representations and Responsibilities

Account Use. You are responsible and liable for your use of the Services, regardless of whether that use is permitted by or in violation of this Agreement.

Use of AI User Output. You are solely responsible for evaluating, including by human review, all AI User Output for accuracy, completeness, and other factors relevant to your use before using, distributing, or relying on the AI User Output. You are also solely responsible for your decisions, actions, and omissions in reliance on or based on the AI User Output.

Disclosures and Consents. You agree to disclose your use of the Services and obtain consent to use the Services as required by, and in accordance with, any applicable Laws. Without limiting the foregoing, you agree to disclose:

  1. to consumers when they are interacting with an artificial intelligence system if you use the Services to interact with consumers or for consumer-facing purposes;
  2. your use of the Services in connection with any regulated service or service typically performed by a licensed or certified professional; and,
  3. that any deepfake AI User Output has been artificially generated or manipulated.

Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Services confidential. You shall not sell or transfer them to any other person or entity. You shall promptly notify us about any unauthorized access to your passwords or access credentials.

User Warranty. You represent, warrant, and covenant that (i) you own or otherwise have and will have all necessary rights, permissions, and consents in and relating to the User Data, so that as received by Provider and processed in accordance with this Agreement, it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, any privacy or other rights of any third party, or any applicable Laws, and (ii) no User Data (other than AI User Output) contains or will contain any Personal Information.

Services Provided for Authorized Use Only

Subject to the terms and conditions of this Agreement, Provider grants you a non-exclusive, non-transferable right to access and use the Services. You shall not use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall use the Services only for lawful purposes.

Provider may revoke this license at any time, for any reason or for no reason at all. This license will terminate automatically if your use of the Services violates this Agreement.

Prohibited Uses of Services

You may not access or use the Services for any other purpose other than that for which Provider makes it available, as identified in this Agreement. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Provider. Prohibited use of the Service/AI Service, any User Input, or any AI User Output includes, but is not limited to:

  1. Violating, or promoting, facilitating, or contributing to the violation of, any federal, state, local, or international law, ordinance, or regulation (collectively, “Laws”), including, without limitation, Laws applicable to: (i) design, development, deployment, implementation, operation, and use of AI Technology; (ii) any sector or industry in which you operate; and, (iii) privacy and data protection;
  2. Violating, or promoting, facilitating, or contributing to the violation of, any Laws governing elections (including campaign finance) in the United States or any other country;
  3. Circumventing or evading Laws limiting or prohibiting monetary or in-kind contributions to candidates for public office, campaign committees, political action committees, or other entities;
  4. Building or developing any AI Technology in contravention of, or for use in any manner inconsistent with, this Agreement;
  5. Deceiving, defrauding, or misleading others;
  6. Impersonating any Person;
  7. Representing, or otherwise deceiving or misleading others to think, that AI User Outputs are human-generated;
  8. Engaging in academic dishonesty or plagiarism;
  9. Distributing or generating “spam”;
  10. Engaging in, promoting, facilitating, inciting, or contributing to harassment, discrimination, violence, terrorism, abuse, bullying, threats, intimidation, or hateful behavior, content, or speech;
  11. Infringing any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any Person;
  12. Compromising or violating the legal rights (including the rights of publicity and privacy) of any person, including by:
    1. accessing, collecting, soliciting, processing, disclosing, or sharing personal information in any manner that does not strictly comply with Laws and any disclosures;
    2. conducting unlawful monitoring, tracking, or surveillance of individuals; or
    3. using or distributing digital replicas in any manner that does not strictly comply with Laws, including, without limitation, all disclosure, consent, and authorization requirements imposed by Laws.
  13. For automated decision making, or as a substantial factor in making decisions, with legal or similarly significant effects, unless you make all disclosures required by Laws, provide the consumer a right to opt-out in accordance with Laws, ensure human review of the decision, and otherwise strictly comply with Laws;
  14. Generating or providing legal, financial, health, medical, tax, or other professional advice, decisions, or recommendations without:
    1. review by a licensed and qualified professional; and
    2. disclosure of your use of artificial intelligence.
  15. Engaging in or facilitating political campaigning or lobbying or the disruption or interference with any election process, including to generate campaign materials or political advertisements;
  16. Indiscriminate or untargeted web-scraping for the purposes of creating or enhancing facial recognition databases;
  17. Copying, modifying, or creating derivative works of the Services, in whole or in part;
  18. Renting, leasing, lending, selling, licensing, sublicensing, assigning, distributing, publishing, transferring, or otherwise making available the Services;
  19. Reverse engineering, disassembling, decompiling, decoding, or duplicating the Services, reproducing Training Data other than User Data, engaging in model extraction, or otherwise attempting to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying AI Technology or component of the Services, in whole or in part;
  20. Accessing or using the Services or any AI User Output to develop, train, or improve any other AI Technology or a competing or similar product or service;
  21. Using web scraping, web harvesting, web data extraction or any other method to extract data from the Services or any AI User Output;
  22. Removing any proprietary notices from the Services;
  23. Using the Services to create or generate AI User Output, or using AI User Output in a manner, that you know or should know infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule; or submit, enter, post, or otherwise transmit or Process any Personal Information through the Services;
  24. Generating User Output that is deceptive, fraudulent, misleading, or otherwise intended to misinform or disinform others, including:
    1. defamatory content;
    2. fake online reviews, comments, or other engagement;
    3. false information or content related to health, safety, laws, and regulations, or elections.
  25. Including information that is restricted in its disclosure by law, including but not limited to information that is restricted by court order, falls under legal privilege, or is deemed classified or sensitive by any government agency;
  26. Giving the impression that it emanates from or is produced by Provider or represents an endorsement, policy opinion, or legal position of Provider;
  27. Including any viruses, trojan horses, backdoors, malware, worms, logic bombs, malicious code, or other technology or material which is malicious or technologically harmful;
  28. Attempting to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
  29. Attempting to impersonate another user or person or using the username of another user;
  30. Criminal or tortious activity;
  31. Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Services;
  32. Deleting the copyright or other proprietary rights notice from any Provider content;
  33. Engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
  34. Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services, including but not limited to the storage of unreasonably large quantities of data for the uses permitted by the Services;
  35. Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  36. Selling or otherwise transferring your profile;
  37. Systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Provider;
  38. Tricking, defrauding or misleading Provider and other users, especially in any attempt to learn sensitive account information such as passwords;
  39. Using any information obtained from the Services in order to harass, abuse, or harm another person.

Provider’s Intellectual Property Rights

The content on the Services and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Provider, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Provider Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Provider graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Provider in the United States and/or other countries. Provider’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Provider.

Provider Content provided or displayed in connection with the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and the Provider Content and to download or print a copy of any portion of the Provider Content to which you have properly gained access solely for your personal, non-commercial use. Provider reserves all rights not expressly granted to you in and to the Services and Provider Content and Marks.

User acknowledges that, as between User and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP and, for Third-Party Products, the applicable third-party providers own all right, title, and interest, including all intellectual property rights, in and to the Third-Party Products. Provider hereby grants you a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Provider IP and Third-Party Products, including User Outputs solely to the extent incorporated into and necessary for you to use and otherwise exploit the AI User Output in accordance with the terms and conditions herein.

Third-Party Products

The Services may include and incorporate Third-Party Products licensed or provided by third parties that require us to pass through additional terms to you. You shall comply with all such applicable pass-through terms as made available at https://signal.org/legal/ and https://x.ai/legal/acceptable-use-policy or otherwise, as such terms may be updated, modified, or added from time to time.

Your use of Provider’s AI Services does not override the protections, policies, or User preferences with respect to integrated Third-Party Products. This includes but is not limited to, User preferences related to message retention, account settings, and privacy.

We may add or remove Third-Party Products from time to time. If you do not agree to abide by the applicable terms for any Third-Party Products, then you should not install, access, or use these Third-Party Products or any Services that include or incorporate these Third-Party Products.

Service Levels and Support

This Agreement does not entitle User to any support for the Services.

Site Management

Provider reserves the right, but does not have the obligation, to: (1) monitor the Services for violations of this Agreement; (2) take appropriate legal action against anyone who, in Provider’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; (3) in Provider’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s use of the Services that may violate this Agreement, any Provider policy, or any Laws; and/or, (4) otherwise manage the Services in a manner designed to protect the rights and property of Provider and others and to facilitate the proper functioning of the Services.

Your Consent to Receive Electronic Mail and SMS/Text Messages from Provider

By agreeing to these Terms, you agree by electronic signature to be contacted by Provider through a live agent, electronic mail (to the email you provide Provider), artificial or prerecorded voice, and automated SMS text at any residential or cellular number provided to Provider, dialed manually or by autodialer.

User Data

Provider acknowledges that, as between Provider and User, User owns all right, title, and interest, including all intellectual property rights, in and to the User Data incorporated into AI User Output and subject to the license granted herein. User hereby grants to Provider a non-exclusive, royalty-free, worldwide license to (i) reproduce, distribute, and otherwise use and display the User Data and Process the User Data as may be necessary for Provider to provide the Services to User and (ii) use, modify, and adapt only aggregated and anonymized AI User Input and AI User Output to train, develop, adapt, modify, enhance, or improve the AI Services. Notwithstanding anything in this Agreement to the contrary, unless prohibited by applicable law, we may delete User Data at any time if we determine that User Data violates the terms of this Agreement or that deletion is necessary to comply with applicable law.

Use and Storage of Data About You; Privacy Policy

Provider will maintain certain data that you share in order to facilitate your use of the Services for the purpose of the performance of the Services, as well as data relating to your use of the Services.

We care about the privacy of our users. By accepting the terms of this Agreement and using the Services, you consent to and agree to be bound by Provider’s Privacy Policy, which is incorporated by reference herein. All information provided to us as a result of your use of the Services will be handled in accordance with our Privacy Policy. In consideration of your use of the Services, you agree that to the extent you provide personal information, it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent there are inconsistencies between this Agreement and our Privacy Policy, this Agreement controls.

Notwithstanding anything to the contrary in this Agreement, Provider may monitor User’s use of the Services and collect and compile data and information related to User’s use of the Services to be used by Provider in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services (“Aggregated Statistics”). As between Provider and User, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. You agree that Provider may use and make publicly available Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify User or User’s Confidential Information.

Warranty Disclaimer

THE SERVICES AND AI USER OUTPUT ARE PROVIDED “AS IS” AND PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, INCLUDING ANY AI OUTPUTS, WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS OR EDITORIAL STANDARDS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT, GIVEN THE NATURE OF THE SERVICES AND AI TECHNOLOGY, AI USER OUTPUT (I) MAY BE INACCURATE, MISLEADING, BIASED, OR OFFENSIVE, (II) MAY BE THE SAME AS OR SIMILAR TO OUTPUT THE SERVICES GENERATED FOR OTHER USERS, (III) MAY NOT QUALIFY FOR INTELLECTUAL PROPERTY PROTECTION, AND (IV) SHALL BE SUBJECT TO THIRD-PARTY TERMS, INCLUDING, AS APPLICABLE, OPEN SOURCE LICENSES, AND (V) DO NOT NECESSARILY REFLECT, AND MAY BE INCONSISTENT WITH, PROVIDER’S AND THIRD-PARTY PROVIDERS’ VIEWS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

IN NO EVENT SHALL PROVIDER OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Compliance with Laws

User shall maintain knowledge of and comply with all applicable federal and state laws, rules, and regulations, and shall not knowingly participate or assist in any violation of such laws, rules or regulations.

Provider makes no representation that the Services are appropriate or available in your location. The information provided via the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Provider to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold Provider and our parents, subsidiaries and affiliates, and our and their respective agents, suppliers, licensors, employees, contractors, officers, and directors (collectively the “Provider Indemnitees”) harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, legal fees) arising from or related to your use of the Services and Output, your Input, or any violation of these Terms.

Notwithstanding the foregoing, Provider reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Provider, and you agree to cooperate, at your expense, with Provider’s defense of such claims. Provider will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Dispute Resolution and Governing Law

YOU AGREE TO THE FOLLOWING MANDATORY DISPUTE RESOLUTION AND JURY TRIAL WAIVER PROVISIONS:

Class Action and Jury Trial Waiver

BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER. THE FOREGOING APPLIES TO ALL USERS (BOTH NATURAL PERSONS AND ENTITIES), REGARDLESS OF WHETHER YOU HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES.

Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before you file a claim against Provider, you agree to try to resolve the Dispute informally by sending us notice. You may not initiate a claim until notice has been provided and Provider has been afforded 30 days to resolve the Dispute. If we are unable to resolve a Dispute within 30 days, you may initiate a claim consistent with the provisions contained herein. You also agree to attend an individual settlement conference if Provider requests one during the 30 day resolution period.

Option to Arbitrate

Notwithstanding any provisions of this Agreement to the contrary, Provider retains an option to seek resolution of any dispute by arbitration with the arbitration organization of its choice. The activities described in this Agreement involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures

The arbitration will be conducted by video conference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be Tarrant County, Texas. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Tarrant County, Texas have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any dispute.

Exceptions

This section does not require informal dispute resolution or arbitration for injunctive or other equitable relief brought by Provider to stop unauthorized use or abuse of the Services, intellectual property infringement or misappropriation, or other conduct that is unlawful or violates this Agreement.

Limitations Period

Any claim You have against Provider must be filed within two (2) years after such claim or cause of action accrues, and if not so filed will be forever barred to the fullest extent permitted by law.

Governing Law and Jurisdiction

This agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas.

Forum Selection Clause

Except as otherwise set out herein, any legal suit, action, or proceeding arising out of this agreement or the rights granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the County of Tarrant, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

Termination and Suspension

You are free to stop using our Services at any time and close your account. Provider may terminate or suspend your access to the Services in its sole discretion, at any time, and without notice to you.

Miscellaneous

Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms.

Reservation of Rights. Provider reserves all rights not expressly granted to User in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to User or any third party, any intellectual property rights or other right, title, or interest in or to the Provider IP or Third-Party Products.

Export Regulation. The Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside the US.

Electronic Contracting. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into relating to the Services, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

No Waiver by Provider. The failure of Provider to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Entire Agreement; Severability. This Agreement, together with any amendments and any additional written agreements you may enter into with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services. Any statements or comments made between you and any of our employees or representatives are expressly excluded from this Agreement and will not apply to you or us, or to your access to or use of the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect.

Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Assignment. This Agreement and your account may not be assigned by you without our express written consent. Provider may assign any or all of its rights and obligations to others at any time.

Force Majeure. Provider shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Provider’s reasonable control.

Your Cooperation with Provider. Upon Provider’s request, you will furnish Provider with any documentation, substantiation or releases necessary to verify your compliance with this Agreement.

No Joint Venture or Agency. There is no joint venture, partnership, employment or agency relationship created between you and Provider as a result of this Agreement or use of the Services.

Notices. You agree that any notice which Provider chooses to serve or is required to serve upon you may be served via SMS messaging, or at the electronic and/or physical address you provide to Provider. Any notice to Provider required by this Agreement or by law must be sent to the America First Policy Institute.

Use of Services by Provider’s Employees and Agents

Work Product. Any User that is an employee or agent of Provider (“Employee”) acknowledges and agrees that all writings, works of authorship, technology, inventions, discoveries, ideas, and other work product of any nature whatsoever, including that are created, prepared, produced, authored, edited, amended, conceived, or reduced to practice by the Employee individually or jointly with others during the period of the Employee’s employment by the Employer and relating in any way to Provider, research, or development of Provider (regardless of when or where the Work Product is prepared or whose equipment or other resources is used in preparing the same) and all printed, physical, and electronic copies, all improvements, rights, and claims related to the foregoing, and other tangible embodiments thereof (collectively, “Work Product”), as well as any and all rights in and to copyrights, trade secrets, trademarks (and related goodwill), patents, and other intellectual property rights therein arising in any jurisdiction throughout the world and all related rights of priority under international conventions with respect thereto, including all pending and future applications and registrations therefor, and continuations, divisions, continuations-in-part, reissues, extensions, and renewals thereof (collectively, “Intellectual Property Rights”), shall be the sole and exclusive property of Provider.

For purposes of this Agreement, Work Product includes, but is not limited to, Provider information, including, publications, research, strategies, techniques, agreements, documents, contracts, terms of agreements, negotiations, know-how, computer programs, computer applications, software design, web design, work in process, databases, manuals, results, developments, reports, graphics, drawings, sketches, market studies, formulae, notes, communications, algorithms, product plans, product designs, styles, models, audiovisual programs, inventions, original works of authorship, discoveries, experimental processes, experimental results, specifications, user information, donor lists, marketing information, advertising information, and any and all inputs, outputs and Work Product made using Provider AI services.

Work Made for Hire; Assignment. The Employee acknowledges that, by reason of being employed by the Provider at the relevant times, to the extent permitted by law, all of the Work Product consisting of copyrightable subject matter is “work made for hire” as defined in the Copyright Act of 1976 (17 U.S.C. § 101), and such copyrights are therefore owned by the Provider. To the extent that the foregoing does not apply, the Employee hereby irrevocably assigns to Provider, for no additional consideration, the Employee’s entire right, title, and interest in and to all Work Product and Intellectual Property Rights therein, including the right to sue, counterclaim, and recover for all past, present, and future infringement, misappropriation, or dilution thereof, and all rights corresponding thereto throughout the world. Nothing contained in this Agreement shall be construed to reduce or limit Provider’s rights, title, or interest in any Work Product or Intellectual Property Rights so as to be less in any respect than that Provider would have had in the absence of this Agreement.