Terms of Service

Last Updated 07/18/2024
Version 1.3.2

Please read these Terms of Service (“Terms of Service” or the “Agreement”) carefully before using Western Journal (http://www.westernjournal.com/), Liftable (http://www.liftable.com/), Conservative Tribune (http://www.westernjournal.com/ct/), The Wildcard (http://www.thewildcard.com/) (collectively, the “Sites”) operated by Liftable Media, Inc. (“LMI”), a Nevada Corporation. This Agreement sets forth the legally binding terms and conditions for your use of the Sites.

By accessing or using the Sites in any manner, including, but not limited to, visiting or browsing the Sites or contributing content or other materials to the Sites, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Intellectual Property
The Sites and LMI’s original content, features and functionality are owned by LMI and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Termination
LMI may terminate your access to the Sites, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links To Other Sites
LMI’s Sites may contain links to third-party sites that are not owned or controlled by LMI.

LMI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Arizona, United States, without giving effect to any principles of conflicts of law.

Changes To This Agreement
LMI reserves the right, at its sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Sites. Your continued use of the Sites after any such changes constitutes your acceptance of the new Terms of Service.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Sites or discontinue any use of the Sites immediately.

Contact Us
If you have any questions about this Agreement, please email us at contactus@liftablemedia.com or write us at Liftable Media, Inc., P.O. Box 74273, Phoenix, AZ 85087.

The Western Journal (WJ) Paid Memberships

By becoming a paid WJ Member (Member Level, Editor’s Club, 24-Hour Member Access or other levels we may add in the future or not previously mentioned), you agree to WJ’s Privacy Policy and Terms of Service. By subscribing, you are also opting in to receive communications from WJ. Taxes may apply on subscriptions. We reserve the right to show ads at any time.

The Service: WJ offers paid digital Memberships as shown at www.westernjournal.com/subscriptions. We retain the authority to change the accessibility and inclusion of features and benefits associated with our Memberships at any time, whether with or without prior notice. Periodically, we may introduce new features or benefits, the continuation of which is not guaranteed, and these additions may include advertising.

We may make changes to these Terms at any time and without notice on this section of our website. If you do not cancel services after the changes become effective, you agree to the changed terms.

Membership subscriptions are, by default, auto-renewing (except 24-Hour Access purchases) unless you cancel your Membership, at which point, will auto-renew at the beginning of each billing cycle unless a) you terminate your Membership, b) we cancel your subscription or c) we decline to renew your Membership.

We reserve the right to change Membership fees for any of our offerings at any time. If the regular amount of your Membership increases from the original rate, we will notify you in advance. If you cancel your subscription at that time, the cancellation will take effect at the end of the billing period. If you don’t cancel, you will be charged the new amount for your next billing period.

You can cancel your Membership to WJ at any time. First, log in to your account. Next, click the “Manage” button on the header of the website to view your account information. Under the “Library” tab, you can see your active subscriptions. Click the drop-down bar that says “Manage” and select “Cancel subscription.” A pop-up will ask for confirmation that you would like to cancel; click “Yes.” Cancellations will be effective at the end of your current billing period. Should you have any trouble attempting to cancel, please message us within your account or go to “Contact Us” and select “Question about my Western Journal Subscription.” You must cancel your subscription before it renews each billing period to avoid being billed the next period’s Membership fees. Cancellations only apply to future charges and you will not receive a refund for the current billing period.

We may terminate your Membership at our sole discretion and without any notice.

Your Membership fee is nonrefundable, except as mandated by applicable law. Should you decide to cancel your subscription, you won’t be eligible for any refunds or credits. Access to your subscription will continue until the end of the billing period. Refunds or credits may be issued at our discretion, and if provided at a specific time, there is no obligation to repeat the same in the future.

Transferability: In the event that WJ is sold or undergoes a change in ownership, your Membership is transferable to the new owner. This means that all rights and obligations under your Membership will continue under the new ownership, ensuring uninterrupted access to your Membership benefits and services.

Your Responsibilities: As a valued WJ Member, you acknowledge and agree to uphold certain responsibilities to ensure the smooth and secure use of our digital services. You are responsible for maintaining the confidentiality of your account information, including login credentials, and for promptly notifying us of any unauthorized access or suspicious activity related to your account. Additionally, you agree to adhere to community guidelines and terms of use, refraining from engaging in any activities that violate applicable laws or infringe upon the rights of others. By using WJ’s digital Memberships, you actively contribute to fostering a positive and respectful online environment. Failure to comply with these user responsibilities may result in actions such as account suspension or termination.

Governing Law: As a Delaware corporation, these Terms of Service and any disputes arising out of or related to your use of WJ’s digital Memberships shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of law principles. You agree that any legal action or proceeding arising out of or related to these Terms or your use of the services shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts. In the event of any legal dispute, you waive any objection to the venue or inconvenient forum. This choice of governing law and venue is made with consideration to WJ’s status as a Delaware corporation.

Indemnification: By utilizing WJ’s digital Memberships, you agree to indemnify, defend, and hold harmless WJ, its affiliates, partners, officers, directors, employees, and agents from any and all claims, losses, damages, liabilities, and expenses, including reasonable legal fees and costs, arising out of or related to your use of our services, any violation of these Terms of Service, or any breach of your representations and warranties herein. This indemnification extends to any third-party claims, and you expressly acknowledge your responsibility for promptly addressing and resolving any such claims. WJ reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with WJ in asserting any available defenses.

Severability: In the event that any provision or portion of these Terms of Service is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any individual provision shall not affect the validity or enforceability of the other provisions within these Terms. Moreover, the parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely aligns with the intent and economic effect of the original provision. This severability clause ensures that the overall purpose and integrity of these Terms are preserved to the maximum extent permitted by law.

Force Majeure: WJ shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, natural disasters, strikes, labor disputes, governmental actions, war, terrorism, pandemics, or any other events considered force majeure. In the event of such circumstances, WJ’s performance will be deemed suspended for the duration of the force majeure event, and WJ will make reasonable efforts to mitigate the effects of the event. WJ reserves the right to terminate or modify its services in response to force majeure events, with notice to the extent possible. The parties agree to consult and cooperate in good faith to find a mutually satisfactory solution in the event of a force majeure occurrence.

Intellectual Property: All content and materials provided as part of WJ’s digital Memberships, including but not limited to text, graphics, logos, images, videos, and software, are protected by intellectual property laws and are the exclusive property of WJ or its licensors. Any unauthorized reproduction, distribution, modification, or public display of the copyrighted or trademarked content is strictly prohibited. By subscribing to WJ’s digital Memberships, you agree to respect and abide by these intellectual property rights, refraining from any actions that may infringe upon or compromise the proprietary rights of WJ.

Age Restriction: WJ’s digital Memberships are intended for individuals aged 18 and above. If you are under the age of 18, ask your parent or guardian to complete the purchase for you. By subscribing to WJ’s digital Memberships, you confirm that you are either 18 years of age or older or that you have obtained the necessary parental or legal guardian consent. WJ does not knowingly collect or solicit personal information from individuals under the age of 18 without parental consent. If we become aware that we have inadvertently collected personal information from a user under the age of 18 without proper consent, we will take prompt action to delete such information from our records. Parents or legal guardians are encouraged to monitor and supervise the online activities of individuals under the age of 18.

Disclaimer and Limitation of Liability: The information and services provided through WJ’s digital Memberships are offered on an “as-is” and “as-available” basis, without any warranties, express or implied. WJ makes no representations or warranties regarding the accuracy, completeness, or reliability of the content. Your use of the services is at your own risk. WJ disclaims all warranties, whether statutory, express, or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall WJ, its affiliates, partners, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for lost profits, data, goodwill, or other intangible losses, arising out of or in connection with your use or inability to use the services, even if WJ has been advised of the possibility of such damages. WJ’s total liability for any claims arising under or in connection with these Terms of Service shall be limited to the amount paid by you for the specific digital Membership giving rise to the claim. This limitation of liability is applicable to the fullest extent permitted by law.

Corporations with Investigations and Law Enforcement: WJ acknowledges its commitment to compliance with applicable laws and regulations. In the event of investigations or inquiries by law enforcement agencies or other governmental authorities, WJ will cooperate fully, providing necessary information and assistance within the bounds of legal requirements. WJ reserves the right to disclose any information about users, including personally identifiable information, to law enforcement or other government officials as necessary to respond to legal processes or investigations. Users are advised that their usage of WJ’s digital Memberships may be subject to scrutiny by law enforcement in compliance with applicable laws. WJ will make reasonable efforts to protect user privacy within the constraints of legal obligations and will notify users when legally permissible in the event of such disclosures, unless prohibited by law or court order.

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