Welcome to the Bankrupting America (“BA”) website.
The BA Site is intended for use exclusively by persons older than 18.
By accessing or in any way using the BA Site, you affirm that you are more than 18 years of age and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. And you agree to abide by and comply with these Terms and Conditions.
All materials provided by BA contained in the BA Site (“BA Content”) are the copyrighted property of BA, unless otherwise attributed.
BA Content may be accessed, downloaded, printed or transmitted only for personal, non-commercial use.
BA Content may not be used or redistributed for commercial purposes. You may not, copy, reproduce, republish, upload, post, transmit, distribute, or otherwise use BA Content in any way or for any other purpose without the prior express written permission of BA.
Additionally, you may not add, delete, distort, or misrepresent any BA Content.
The trademarks used in the BA Site are owned either by (1) BA (including but not limited to PUBLIC NOTICE and BANKRUPTING AMERICA) or (2) their respective trademark owners.
The names of actual companies and products mentioned may be the trademarks of their respective owners.
You may not use any of the above or other trademarks displayed anywhere on the BA Site or in any BA Content. All rights are reserved.
Any attempts to modify any BA Content or to defeat or circumvent the BA Site’s technical security measures without the prior express written permission of BA is prohibited.
You agree not to use the BA Site to:
- Upload, post, email, transmit, or otherwise make available anything:
- That is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, false or inaccurate, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary information, and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements); or
- That infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Upload, post, email, transmit, or otherwise make available any material or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law;
- Harm minors in any way;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the BA Site or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the BA Site;
- Launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the website in a manner that sends more request messages to the BA Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
o Notwithstanding the foregoing, BA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BA reserves the right to revoke these exceptions either generally or in specific cases.
- Violate any applicable local, state, national, or international law, intentionally or unintentionally;
- Stalk or otherwise harass another; and/or
- Collect or store personal data about users.
BA reserves the right to remove any and all BA Content, user-submitted content, and/or any other content related to the BA Site at any time without prior notice.
Further, BA reserves the right to deny access to any user at any time without any prior notice for violation of these Terms and Conditions.
Disclaimer of Warranties
You agree that your use of the website shall be at your sole risk.
To the fullest extent permitted by law, BA, its affiliates, officers, directors, employees, trustees, and agents, disclaim all warranties, express or implied, in connection with the website and your use thereof. BA makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:
• Errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the BA Site;
• Any unauthorized access to or use of BA’s secure servers and/or any and all personal information and/or financial information stored therein;
• Any interruption or cessation of transmission to or from the BA Site;
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the BA Site by any third party;
• And/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the BA Site.
BA does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and BA will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
BA, its affiliates, officers, directors, employees, trustees, and agents, will not be liable for any damages or injury that accompany or result from your use of this site. In no event shall BA, its affiliates, officers, directors, employees, trustees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
• Any errors, mistakes, or inaccuracies of content;
• Any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
• Any interruption or cessation of transmission to or from our website;
• Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
• Any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not BA is advised of the possibility of such damages.
The foregoing limitation of liability shall apply to the extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that BA will not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The BA Site is controlled and offered by BA from its facilities in the United States of America. BA makes no representations that the BA Site is appropriate or available for use in other locations. Those who access or use the BA Site from other jurisdictions do so at their own risk, according to their own volition, and are responsible for compliance with local law.
Certain state laws may not allow BA to limit or exclude liability for incidental or consequential damages. If you live in a state whose laws in some cases prohibit limitation or exclusion of incidental or consequential damages, some or all of the above limitation arguably may not apply to you. But, in any event, BA’s liability to you for any and all losses, damages, injuries, and claims of any kind will not be greater than the amount you paid to access the BA Site.
Submitting Your Content to the Site
Any content submitted to this site, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, becomes and remains property of BA, even if this agreement is later terminated. Any and all such submitted content is subject to these Terms and Conditions.
BA expressly prohibits any and all submissions of the following content:
• Nudity, pornography, and sexual material of a lewd, lecherous, or obscene nature or intent or that violates local, state, or national laws;
• Any material, including but not limited to remarks, suggestions, ideas, graphics, avatars, or comments, that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright, patent, or trademark rights;
• Any material or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law.
• Any material that is unlawful, harmful, threatening, abusive, harassing, tortious, slanderous, defamatory, vulgar, obscene, profane, libelous, false or inaccurate, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, including posting private information belonging to or about other individuals;
• Content that promotes, encourages, or provides instructional information about illegal activities;
• Hate propaganda or hate mongering, swearing, or fraudulent material or activity.
If any portion of the content posted by any visitor is found by BA to be in violation of any website policy, including these Terms and Conditions, at any time, BA reserves the right to modify or remove such content or delete such submissions at any time without prior notice.
Warranty: By submitting content to BA servers, you represent and warrant that all submitted content complies with all applicable website policies, including these Terms and Conditions. Further, by submitting content, you represent and warrant that you own the copyright in all submitted content and have all necessary permissions from any persons or places depicted therein to upload the content and to grant to BA an irrevocable license to use the submitted content according to BA’s sole discretion, including but not limited to use in connection with third-party social networking or video websites such as , , or or any other website BA deems appropriate. You warrant that BA need not treat any such submitted content as confidential, and you agree that you cannot and will not sue BA for using or republishing in any manner any content or ideas you submit.
Grant of Rights/License: By submitting content to the BA Site, you grant BA (and its successors, assigns, licensees, agents, and affiliates) an irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell such content in any format either now known or hereafter created, and to use any information identifying the author provided in connection with that content, wholly in accordance with BA’s subjective discretion. You expressly grant BA the right to repost any such submitted content in any altered or unaltered form, without any further authorization from you, to other websites, including but not limited to,, , and .
Written Notice: To be effective under Section 512(c)(3)(A), you must provide BA a written notification that includes the following elements:
• A description of each work claimed to have been infringed, including any relevant information about the infringing activity;
• A description of the location on the BA Site (or, if the infringing information is located on another website linked to through the BA Site, information about the location of the link or reference on the BA Site) where the alleged infringement is occurring, providing sufficient detail to allow BA to locate the infringing material;
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the above information is accurate and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
• Your physical or electronic signature.
BA does not permit copyright infringing activities and infringement of intellectual property rights on the BA Site, and BA will remove the infringing content if properly notified of infringement. As stated above, BA reserves the right to remove any and all content and user submissions without prior notice.
Counter-Notice: If you believe that your submitted content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submission, you may send a counter-notice containing the following information to BA’s Designated Agent:
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Arlington, Virginia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and
• Your physical or electronic signature.
If a counter-notice is received by the BA’s Designated Agent, BA may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or that BA will cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at BA’s sole discretion.
Links to Other Sites
The BA Site may contain hyperlinks to websites operated by third parties. You agree not to hold BA responsible for the content or operation of any and all such outside websites. A hyperlink from the BA Site to another website does not imply or mean that BA endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may or should use any content located at any other websites to which you might link from the BA Site. Additionally, any link to a third-party site submitted or posted by you must not in any way represent that you have received the endorsement, sponsorship or support of BA or BA’s respective employees, agents, or directors.
You agree to indemnify and hold harmless BA, its affiliates, related parties, officers, directors, employees, trustees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with the BA Site or service, your submission of content, your violation of any applicable law or these Terms and Conditions of Use, or any other violation of the rights of another person or party.
BA or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all the BA Site, and (b) all related documentation and all copies and installations. BA may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy any and all such materials.
This is the entire agreement between the parties relating to the use of the BA Site.
The above Terms and Conditions will be governed by the law of the Commonwealth of Virginia, U.S.A, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Virginia.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BA without restriction.
You and BA agree that any claim or cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such claim or cause of action is permanently barred.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.