Terms of Service

This is a legally binding agreement. Please read these terms and conditions carefully. By clicking the button to accept this Agreement, you represent that you have the full legal authority to enter this Agreement on behalf of the party identified in the Registration, and, in that capacity, you acknowledge such party’s agreement to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not register for the Portal.

This agreement for use (the “Agreement”) of the Today’s Front Pages’ portal, including as made available online in connection with a file transfer protocol (FTP) server, (together with any associated software applications, database structures and queries, interfaces, websites, tools, and the like, as well as any and all revisions, modifications, and updates thereof), as updated from time to time, (the “Portal”) is between The Freedom Forum, Inc. (“Freedom Forum,” “we,” “us,” and “our”) and the party (“you” and “your”) indicated during the newspaper- or periodical-registration process (such process and the information provided during such process, the “Registration”). By accessing the Portal, or by submission of Newspaper Content (as defined below), you hereby assent to the terms and conditions of this Agreement.

  1. Registration. You represent that the information indicated in the Registration is true, accurate, and complete, and you agree to update the Registration upon any changes to such information. The Registration is incorporated herein and made a part of this Agreement. Notwithstanding any additional acknowledgement of this Agreement (including via clicks or other electronic means), each subsequent use of the Portal is subject to this Agreement and does not create a new or separate contract; provided, however, when an amended version of this Agreement is presented for acceptance, acceptance of the amended version of this Agreement (including via a click or other electronic means) will amend this Agreement.
  2. License of the Portal; Intellectual Property Rights.
    1. License of the Portal. Subject to the terms and conditions of this Agreement, Freedom Forum grants to you a limited, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term (as defined below) to use and access the Portal for non-commercial use, only as specifically set forth in this Agreement. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Portal, or portions thereof, including but not limited to the Portal’s features, look and feel, and functional elements and related services.
    2. Intellectual Property Rights. You acknowledge and agree that the Portal is provided under a license, and not sold, to you; you do not acquire any ownership rights or interest in or to the Portal through this Agreement or by use of or access to the Portal. Freedom Forum, and/or its licensors, have and retain exclusive, valid, and non-contestable ownership of the Portal and all intellectual property and proprietary rights therein. Any third-party code that may be incorporated in the Portal is covered by the applicable open source or third-party license, if any, authorizing use of such code.
    3. Ideas. To the extent you suggest improvements and/or communicate to Freedom Forum ideas, feedback, inventions, discoveries, or concepts (“Ideas”) in connection with the Portal, you and us may discover or create the Ideas jointly. You agree that any such Idea shall be and remain solely the property of Freedom Forum, and/or its licensors, and may be used and sold, licensed, or otherwise provided by Freedom Forum, and/or its licensors, to third parties, or published or otherwise publicly disclosed, in Freedom Forum’s and/or its licensors’ sole discretion without notice, attribution, payment of royalties, or liability to you. You hereby assign to Freedom Forum any and all of your right, title, and interest in and to any such Ideas, and all intellectual-property rights therein.
  3. Newspaper Content Criteria; Licensing Your Content to Today’s Front Pages
    1. Newspaper Content Criteria. You may submit to Freedom Forum, by and through the Portal, certain content pertaining to your newspaper or periodical (“Newspaper Content”). On and through the Portal, you may submit the Newspaper Content in accordance with the following criteria: (i) the Newspaper Content should only include the front page (or press cover) of the newspaper or the periodical; (ii) the Newspaper Content must be in .pdf format, scaled to match the layout of your newspaper or periodical (i.e., not to be “scaled down” or “shrunk to fit”), with all fonts embedded within the document, the colorspace being in the Cyan, Magenta, Yellow, and Key (CMYK) color model, and with all graphics compressed with medium .jpeg compression; and (iii) the Newspaper Content must be uploaded to the Portal by no later than 5:00 A.M., U.S. Eastern Time (GMT -5).
    2. License. Subject to the terms and conditions of this Agreement, including the licensing restrictions set forth below, You grant to us a non-exclusive, non-transferable, revocable, royalty-free, and fully paid-up right and license to use Your Newspaper Content in accordance with the authorizations and restrictions set forth herein (the “Content License”):
      1. Freedom Forum may reproduce, reprint, copy, distribute, or otherwise use the Newspaper Content in connection with and in the Today’s Front Pages mobile app and web-based platform or related media, provided the Newspaper Content shall be reproduced, published, or displayed on Today’s Front Pages for a period of time no greater than twenty-four (24) hours, and then such Newspaper Content shall be removed from public viewership or otherwise archived by the Freedom Forum (as further discussed below); provided, however, to the extent such Newspaper Content contains or otherwise features exceptionally newsworthy events, such as presidential elections or catastrophic events, Freedom Forum retains the limited right to reproduce, publish, display this Newspaper Content, on or in connection with Today’s Front Pages or related media, for a period of time beyond the initial twenty-four (24) hour limitation;
      2. Freedom Forum may reproduce, reprint, copy, distribute, or otherwise use the Newspaper Content in various promotional, advertising, or fundraising materials; in newspaper-trade meetings; in essays; and in the marketing of Today’s Front Pages and Freedom Forum’s website and online activities (“Promotional Material”); provided, however, you may request Freedom Forum to not reproduce, reprint, copy, distribute, or otherwise use your Newspaper Content in Promotional Material, and Freedom Forum shall comply with such request;
      3. Freedom Forum may reproduce, reprint, copy, distribute, or otherwise use the Newspaper Content in various educational products and offerings (including posters and brochures); in classroom demonstrations; and in kiosks and other physical displays (e.g., in a museum); and
      4. Freedom Forum may archive certain Newspaper Content, as determined in its sole and absolute discretion; provided, however, Freedom Forum shall not reproduce, publish, display, or otherwise use the archived Newspaper Content, except as otherwise authorized herein or unless explicitly authorized by you, in writing, nor shall Freedom Forum respond and deliver any of the archived Newspaper Content to an individual or entity requesting such archived Newspaper Content.
    3. Intellectual Property Rights. Freedom Forum acknowledges and agrees that the Newspaper Content is provided under a license, and not sold, to us; we do not acquire any ownership rights or interest in or to the Newspaper Content through this Agreement. You and/or your licensors have and retain exclusive, valid, and non-contestable ownership of the Newspaper Content and all intellectual property and proprietary rights therein.
  4. Your Responsibilities and Restrictions
    1. Account. You may only create and hold one account for the Portal on behalf of, or for the benefit of, a newspaper or periodical, account authentication and verification of which is determined by Freedom Forum in its sole and absolute discretion. The Portal is available for your limited, non-commercial use and access. All information submitted in connection with the Registration (e.g., newspaper or periodical name, links or URLs associated with said newspapers or periodicals, region, physical address, email address, name of contact or representative (along with title or department), and phone number) of an account must be true, accurate, and complete. To the extent it is determined that the Registration information is untrue, inaccurate, incomplete, fraudulent, or materially omissive, Freedom Forum reserves the right, in its sole and absolute, discretion, to disable your access to the Portal.
    2. Devices. To use the Portal, you must have a compatible device, and we do not warrant that the Portal will be compatible with all devices. You are responsible for selecting, obtaining, and maintaining any equipment, items, and ancillary services needed to access and use the Portal. Use of the Portal requires Internet access or mobile data, which may be subject to additional fees or charges. Because this Portal may be accessed via the Internet, the Portal is offered “as is,” basis with all risks inherent in such access. By accessing the Portal, you acknowledge and accept the risks associated with public access to the Internet and public use of an unsecured wireless network. You will be responsible for all fees and charges incurred with respect to accessing to the Portal.
    3. User ID and Password. You shall maintain, and cause to be maintained, the confidentiality of your account information, including your user (account) ID and password, as provided in Registration. You may not provide your account information to anyone else or allow anyone else to access the Portal using your account information. You may not permit any other individual or entity to use or access the Portal via your account. You must keep your password strictly confidential.
    4. Content Standards. By uploading Newspaper Content on and through the Portal, or otherwise transmitting Newspaper Content to Freedom Forum, you expressly represent and warrant that the Newspaper Content: (i) does not, and will not, infringe, misappropriate, otherwise violate the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, rights of confidentiality, or any other legal or moral rights of any third-party individual or entity, according to applicable law; (ii) could not reasonably be considered to be, and is not, defamatory, libelous, hateful, racially, ethnically, religiously or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual, entity, or organization, or vulgar, pornographic, obscene, or invasive of another's privacy, or violent or inciteful of violence; (iii) is not associated with, or an endorsement of, gambling, drug paraphernalia, phishing or illegal activity, including without limitation illegal export of controlled substances or illegal software; (iv) does not contain or display any commercial/corporate advertising, including, but not limited to, corporate logos, brand names, trademarks, slogans, political or religious statements, unless any of the foregoing are part and parcel with a published report or in furtherance of your news-keeping function; (v) is not harmful or injurious to the Portal (or any of Freedom Forum’s related services and offerings), or any other individual’s or entity’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and (vi) does not consist of any content Freedom Forum, in its sole and absolute discretion, would consider unacceptable, inappropriate, or otherwise in contravention to the mission of Freedom Forum or Today’s Front Pages.
    5. Prohibitions. In addition to the standards above, You shall not directly or indirectly do, nor shall you authorize any person or entity to do, any of the following: (i) use the Portal for any purpose or in any manner not specifically authorized by this Agreement or otherwise in violation of the terms hereof; (ii) create or recreate the source code for, or re-engineer, reverse engineer, decompile, deconstruct, or disassemble the Portal or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Portal or any software, documentation, or data related to the Portal; (iii) modify, adapt, translate, or create derivative works from or based upon any part of the Portal, or combine or merge any part of the foregoing with or into any other software, document, or work; (iv) refer to or otherwise use any part of the Portal as part of any effort to develop a product or service having any functional attributes, visual expressions, or other features or purposes similar to those provided by us, or any product or service that is directly or indirectly competitive with Freedom Forum and its offerings, products, or services; (v) remove, erase, or tamper with any copyright, logo, trademark, or other proprietary or intellectual-property notice printed or stamped on, affixed to, or encoded or recorded in the Portal, or use a proxy, reverse proxy, or any other such mechanism that is intended to, or has the effect of, obscuring any of the foregoing or confusing an individual as to our rights in the foregoing; (vi) sell, market, license, sublicense, distribute, rent, loan, or otherwise grant to any third party any right to possess or utilize any portion of the Portal without our express prior written consent (which may be withheld by us for any reason or conditioned upon execution by such party of a confidentiality and non-use agreement and/or other such other covenants and warranties as we, in our sole discretion, deem desirable); (vii) use the Portal to store, receive, or distribute any information in violation of any applicable law, regulation, ordinance, or guideline, or otherwise use the Portal in violation of any applicable law, regulation, ordinance, or guideline; (viii) collect, store, receive, process, use, disclose, manipulate, track or distribute any computer viruses, worms, trojan horses, back door, trap door, time bombs, malware, or other malicious code; (ix) use remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Portal; or (x) attempt to do or assist any party in attempting to do any of the foregoing. Although Freedom Forum has no obligation to monitor use of the Portal and the Newspaper Content, we may do so and may prohibit any use that we believe may be (or is alleged to be) in violation of applicable laws or regulations or this Agreement.
    6. Compliance. You agree that you will use the Portal only in a manner that complies with all applicable laws and regulations.
    7. Permitted Location. You further agree to access the Portal only from within the United States; to the extent you use or access the Content from outside the United States, Freedom Forum makes no representation or warranty that the Portal is reliably or consistently available outside of the United States, and you are solely and exclusively responsible for compliance with all local laws. The Portal may not be exported or re-exported outside of the United States or to those persons or entities prohibited from receiving exports from the United States. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
  5. Term and Termination
    1. Term. This Agreement is effective upon your acceptance of it in the course of the Registration, and it shall continue in effect until terminated pursuant to this Agreement (the “Term”).
    2. You acknowledge that the Portal is provided free of charge, and Freedom Forum may terminate this Agreement and the license granted herein at any time with or without notice to you by disabling access to the Portal or closing your account.
    3. Termination. If you breach this Agreement, if we are required to do so by applicable law, or if we reasonably believe that there has been conduct, including via your upload or submission to Newspaper Content through the Portal, that creates or could create liability or harm to any user, third party or us, we may terminate this Agreement at any time with or without notice to you by disabling access to the Portal or closing your account. You may terminate this Agreement at any time by ceasing use of the Portal and our services.
    4. Effect of Termination. Upon termination of this Agreement for any reason or no reason, your access rights and all licenses granted to you will terminate, and you must immediately cease all use of the Portal.
  6. Your Data; Representations and Warranties
    1. When submitting Registration information to create an account, Freedom Forum maintains certain personally identifiable information about you, on behalf of your newspaper or periodical. Freedom Forum will use and disclose your personally identifiable information as described in this Agreement or Freedom Forum’s Privacy Policy, as required by law or court order, and as necessary to provide the Portal and our services or to enforce our rights.
    2. You represent and warrant that you own or have the legal right and authority, and will continue to own or maintain the legal right and authority, to grant to Freedom Forum the licenses set forth herein. You are responsible for the Newspaper Content. If any of your Newspaper Content violates this Agreement, or is inappropriate in our judgment, we reserve the right, in our sole discretion and without notice to you, (i) to terminate or suspend access to the Portal, and/or (ii) to terminate or suspend your account, in each case, with or without notice. Freedom Forum will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with your Newspaper Content. You shall indemnify, defend, and hold harmless Freedom Forum, its affiliates, and their respective directors, officers, employees, and agents from and against any Loss (as defined below) arising from or related to a claim of a third party with respect to a breach of the foregoing representations and warranties.
  7. No Warranties
    1. THE PORTAL AND ANY SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PORTAL. FREEDOM FORUM DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PORTAL AND ANY SERVICES PROVIDED BY FREEDOM FORUM, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT FREEDOM FORUM KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. FREEDOM FORUM EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN YOU. FREEDOM FORUM DOES NOT WARRANT THAT THE PORTAL OR ANY SERVICES WILL BE UNINTERRUPTED, ACCURATE, OMISSION FREE, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PORTAL, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    2. Freedom Forum cannot and does not guarantee or warrant that the Portal will be free of viruses or other destructive code, or free of vulnerability of intrusion to attack. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Portal for any reconstruction of any lost data.
    3. We may, in our sole discretion, modify, suspend, or discontinue at any time, with or without notice, the Portal or portions thereof, including but not limited to the Portal features, look and feel, and functional elements and related services.
    4. Some jurisdictions do not allow the exclusion of certain warranties, so some of the disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty, the scope and duration of such warranty shall be the minimum permitted under such applicable law.
  8. Limitation of Liability; Disclaimer of Damages
    1. FREEDOM FORUM SHALL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF GOODWILL OR REPUTATION; (IV) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FREEDOM FORUM WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
    2. THE PORTAL IS PROVIDED TO YOU FREE OF CHARGE, AND IN NO EVENT SHALL FREEDOM FORUM’S AGGREGATE LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY OR THROUGH YOU), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE PORTAL), IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.
    3. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations and disclaimers above may not apply to you. To the extent applicable law does not permit such disclaimer of warranty or limitation of liability, the scope and duration of such warranty and the extent of such liability shall be the minimum permitted under such applicable law.
    4. You agree to indemnify, defend, and hold harmless to Freedom Forum, its licensors, their affiliates, and their respective officers, directors, employees, and agents from and against any Loss arising from or related to any violation of the terms of this Agreement by you or your agents. This obligation will survive your use of the Portal and termination of this Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, expert witness fees, settlement, judgment, interest, and penalties).
    5. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION PROVISIONS IN THIS AGREEMENT ARE A MATERIAL INDUCEMENT AND CONSIDERATION FOR THE GRANT OF THE LICENSE CONTAINED IN THIS AGREEMENT AND FOR PROVIDING YOU WITH ACCESS TO THE PORTAL.
  9. Digital Millennium Copyright Act. Freedom Forum respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Portalinfringe your copyright, you may request removal of those materials (or access to them) from the Portal by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is:  Freedom Forum, Attn: DMCA Agent, 9893 Brewers Court, Laurel, MD 20723, [email protected], (202) 292-6100. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Freedom Forum has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
  10. Other Provisions
    1. This Agreement will be binding upon and inure to the benefit of the parties and their successors and assigns. Freedom Forum may freely transfer, assign, or delegate all or any part of this Agreement and any rights or duties hereunder. You may not assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted sublicense, transfer, or assignment in violation of this Agreement is void.
    2. Except as otherwise expressly provided herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. No prior or contemporaneous representations, inducements, promises, or agreements, oral or otherwise, between the parties with reference thereto will be of any force or effect.
    3. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.
    4. If any provision of this Agreement is ruled wholly or partly invalid or unenforceable by a court or other body of competent jurisdiction, then (1) the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable will be unaffected; (2) the effect of the ruling will be limited to the jurisdiction of the court or other body making the ruling; (3) the provision held wholly or partly invalid or unenforceable shall be deemed amended, and the court or other body is authorized to reform the provision, to the minimum extent necessary to render them valid and enforceable in conformity with the parties’ intent as manifested herein; and (4) if the ruling or the controlling principle of law or equity leading to the ruling subsequently is overruled, modified, or amended by legislative, judicial, or administrative action, then the provision in question as originally set forth in this Agreement shall be deemed valid and enforceable to the maximum extent permitted by the new controlling principle of law or equity.
    5. This Agreement shall be construed and enforced in accordance with the laws of the state of Maryland (other than its conflicts of law provisions), and the venue for any dispute shall be exclusively in the federal or state courts having jurisdiction over Washington, D.C. We reserve the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the App from a particular account, device, and/or IP address.
    6. Any cause of action or claim you may have with respect to the Portal must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Portal.
    7. Freedom Forum shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of it and not due to its own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
    8. Except as otherwise expressly provided herein, no modification or amendment to this Agreement will be valid or binding unless in writing and duly executed by the party or parties to be bound thereby including by clicking a button when presented to accept such amendment.
    9. You may contact us at Freedom Forum, Attn: Privacy, 9893 Brewers Court, Laurel, MD 20723 or [email protected] for any complaints or claims with respect to the App.