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#SIMPLIFYGOV

Website Terms of Use

1. AGREEMENT
These Terms of Use (the “Agreement”) constitute a legally binding agreement by and between Take-Charge.org (“Take-Charge.org”) and you or your company (in either case, “You” or “Your”) concerning Your use of Take-Charge.org’s website (the “Website”) and the services available through the Website (the “Services”). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement and Take-Charge.org’s [Privacy Policy] (the “Privacy Policy”). IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY
By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Take-Charge.org encourages users of the Website to frequently check Take-Charge.org’s Privacy Policy for changes.

3. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, TAKE-CHARGE.ORG RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES. Unless Take-Charge.org obtains Your express consent, any revised Privacy Policy will apply only to information collected by Take-Charge.org after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 14 YEARS OLD AND YOUR USE OF THE WEBSITE OR SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. LICENSE
Subject to Your compliance with the terms and conditions of this Agreement, Take-Charge.org grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of Take-Charge.org or any other party. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.

6. USER INFORMATION/PASSWORD PROTECTION
In connection with Your use of certain Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile at [here]. For additional information, see the section concerning User Ability To Access, Update, And Correct Personal Information in Take-Charge.org’s [Privacy Policy].
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Take-Charge.org immediately on any unauthorized use of Your account, user name, or password. Take-Charge.org shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Take-Charge.org, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify Take-Charge.org if any credit card that You have provided to us is lost, stolen or used without permission.

7. THIRD-PARTY WEBSITES
The Website is linked with the websites of a number of third parties (“Third-Party Websites”), some of whom have established relationships with Take-Charge.org and some of whom do not. Take-Charge.org does not have control over the content and performance of Third-Party Websites. TAKE-CHARGE.ORG HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, TAKE-CHARGE.ORG DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. TAKE-CHARGE.ORG DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES.

8. CONSENT TO RECEIVE EMAIL
By establishing an account with Take-Charge.org, You thereby consent to receive periodic email communications from Take-Charge.org regarding the Services and other matters.

9. FEES & REFUND POLICY
Take-Charge.org does not currently and has no immediate plans on charging for any of the websites services provided; however it is important that You acknowledge Take-Charge.org reserves the right to charge for the Services and to change its fees from time to time in Take-Charge.org’s sole discretion. If Take-Charge.org decides to charge for any or all of the services provided You will have the right to opt out. If Take-Charge.org terminates Your Membership in accordance with this Agreement, You shall not be entitled to the refund of any unused portion of subscription fees.

10. USER CONTENT
“User Content” is any content, materials or information, not including Personal Information (as defined in Take-Charge.org’s [Privacy Policy]), that You upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT TAKE-CHARGE.ORG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, ASSIGNS, AND CONTRACTORS (COLLECTIVELY, THE “Take-Charge.org Parties”) A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT THE TAKE-CHARGE.ORG PARTIES MAY PUBLISH OR OTHERWISE DISCLOSE YOUR NAME AND/OR ANY USER NAME OF YOURS IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE TAKE-CHARGE.ORG PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided the Take-Charge.org Parties under this section. You further represent and warrant that all User Content fully complies with Take-Charge.org’s [Prohibited Content Guidelines].

11. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload, post, transmit, display, perform or distribute any content, information or materials that: (a) are libelous, defamatory, abusive, or threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, pornographic, may constitute child pornography, may solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, or are otherwise objectionable; (b) advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertise or otherwise solicit funds or constitute a solicitation for goods or services; or (d) violate any provision of this Agreement or any other Take-Charge.org agreement or policy, including without limitation Take-Charge.org’s Prohibited Content Guidelines (collectively, “Objectionable Content”). Take-Charge.org may monitor the Website for Objectionable Content. Without limiting any of its other remedies, Take-Charge.org reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance or distribution of Objectionable Content. Take-Charge.org, in its sole discretion, may delete any Objectionable Content from its servers. Take-Charge.org intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

12. PROHIBITED USES
Take-Charge.org imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) violate or attempt to violate any security features of the Website or Services; (b) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (c) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (d) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (e) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (f) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (g) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Take-Charge.org Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.

13. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.

(b) Trademarks
Take-Charge.org and the Take-Charge.org logo (the “Take-Charge.org Marks”) are trademarks or registered trademarks of Take-Charge.org. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Take-Charge.org Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the Take-Charge.org Marks generated as a result of Your use of the Website and Services will inure to the benefit of Take-Charge.org, and You agree to assign, and hereby do assign, all such goodwill to Take-Charge.org. You shall not at any time, nor shall You assist others to, challenge Take-Charge.org’s right, title, or interest in or to, or the validity of, the Take-Charge.org Marks.
(c) Copyrighted Materials; Copyright Notice
All Content and other materials available through the Website and Services, including without limitation the Take-Charge.org logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Take-Charge.org or are the property of Take-Charge.org’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2008 to the present, Take-Charge.org. ALL RIGHTS RESERVED.

(d) DMCA Policy
As Take-Charge.org asks others to respect Take-Charge.org’s intellectual property rights, Take-Charge.org respects the intellectual property rights of others. If you believe content located on or linked to by the Website violates Your copyright, you are encouraged to notify Take-Charge.org in accordance with Take-Charge.org’s Digital Millennium Copyright Act Policy. Take-Charge.org will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. Take-Charge.org has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Take-Charge.org or of a third party, or otherwise violated any intellectual property laws or regulations.

14. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
TAKE-CHARGE.ORG, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKE-CHARGE.ORG, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER TAKE-CHARGE.ORG NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER TAKE-CHARGE.ORG NOR ITS, LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD TAKE-CHARGE.ORG OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF TAKE-CHARGE.ORG AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TAKE-CHARGE.ORG OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO TAKE-CHARGE.ORG OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF TAKE-CHARGE.ORG AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO TAKE-CHARGE.ORG DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND US A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TAKE-CHARGE.ORG AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
(d) APPLICATION
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND TAKE-CHARGE.ORG OR BETWEEN YOU AND ANY OF TAKE-CHARGE.ORG’S ITS LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TAKE-CHARGE.ORG’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.

15. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Take-Charge.org policies, and with any applicable laws or regulations.

16. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless Take-Charge.org and its officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and contractors (collectively, the “Take-Charge.org Parties”) from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, “Claims”), including but not limited to legal costs and fees, arising out of or relating to: (i) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (ii) Your access to or use of the Website or Services; or (iii) Your provision to Take-Charge.org or any of the Take-Charge.org Parties of information or other data.
The Take-Charge.org Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless the Take-Charge.org Parties. You may not settle any Claim without the prior written consent of the concerned Take-Charge.org Parties.

17. GOVERNING LAW; JURISDICTION AND VENUE
The Website, Services, all advertising relating thereto and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Knoxville, Tennessee, and shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, ALL ADVERTISING RELATING THERETO, OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, ALL ADVERTISING RELATING THERETO, OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO KNOXVILLE, TENNESSEE. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

18. TERMINATION
(a) By Take-Charge.org
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TAKE-CHARGE.ORG RESERVES THE RIGHT TO, IN TAKE-CHARGE.ORG’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
(b) Automatic Termination Upon Breach By You
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by Take-Charge.org.
(c) By You
You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Take-Charge.org notice of Your intention to do so, in the manner required by this Agreement.
(d) Effect of Termination
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Take-Charge.org may, but has no obligation to, in Take-Charge.org’s sole discretion, delete from Take-Charge.org’s systems all User Content, Your Personal Information and any other files or information that You made available to Take-Charge.org or that otherwise relate to Your use of the Website or Services. Subsequent to termination, Take-Charge.org reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
(e) Legal Action
If Take-Charge.org, in Take-Charge.org’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Take-Charge.org will be entitled to recover from You as part of such legal action, and You agree to pay, Take-Charge.org’s reasonable costs and attorneys’ fees incurred as a result of such legal action. The Take-Charge.org Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
(f) Survival
Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 6-8, 9-17 and 19 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed Take-Charge.org.
19. GENERAL
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between Take-Charge.org and You concerning Your use of the Websites. This Agreement and any other written agreements executed between You and Take-Charge.org constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Take-Charge.org or by the unilateral amendment of this Agreement by Take-Charge.org and by the posting by Take-Charge.org of such amended version.
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
(c) Assignment
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Take-Charge.org. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(d) Relationship
You and Take-Charge.org are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for the Take-Charge.org Parties as and to the extent set forth in Sections 10, 12, 16 and 19(e), and Take-Charge.org’s licensors and suppliers as and to the extent expressly set forth in Section 14, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to Take-Charge.org and Take-Charge.org’s licensors and suppliers, and would therefore entitle Take-Charge.org or Take-Charge.org’s licensors or suppliers, as the case may be, to injunctive relief.
(g) Notices
All notices required or permitted to be given under this Agreement must be in writing. Take-Charge.org shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Take-Charge.org. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH TAKE-CHARGE.ORG IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TAKE-CHARGE.ORG OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Take-Charge.org by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to 131 Jenny dr Madisonville, TN 37354. All notices to Take-Charge.org will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from Take-Charge.org electronically satisfies any legal requirement that such notice be in writing.


DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that material on or linked to by the Website (all capitalized terms not defined in this Notice have the same meanings as in Take-Charge.org’s Website Terms of Use) or otherwise being provided in connection with the Services infringes one or more of your copyrights, please immediately notify Take-Charge.org’s copyright agent by means of a mailed or faxed notice (“Infringement Notice”) providing the information described below. If Take-Charge.org takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Take-Charge.org. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Network infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:
• A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
• An identification of the copyright claimed to have been infringed;
• A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Take-Charge.org to find and positively identify that material;
• Your name, address, telephone number and email address; and
• A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.