Terms of Use and Privacy Policy

A. Terms of Use

Welcome to the Road to November ~ An American Journey™ (RTN)(roadtonovember.com) network of sites ("the RTN websites", "RTN"). By accessing and using the RTN websites and their services (the "Service") you are agreeing to be legally bound by these Terms of Use.

1. GENERAL.

RTN may change these Terms of Use from time to time, and it is your responsibility to check these terms periodically for any changes. If you are a registered member of RTN, you will be notified of any changes to the Terms of Use. Your use of the RTN websites after any changes have been posted will constitute your agreement to the modified Terms of Use. You understand and agree that RTN may discontinue or change the RTN websites and/or the Service at any time, without notice. You also understand and agree that RTN may discontinue or restrict your use of the RTN websites for any reason without notice and without any liability to you. In addition, when using the RTN websites, you shall be subject to any posted guidelines or rules applicable to the Service, which may be posted from time to time and which are hereby incorporated by reference into these Terms of Use.

2. COPYRIGHT.

The content displayed on the RTN websites, including the selection, arrangement, and design ("Content") is the property of RTN or its licensors, and is protected by copyright and other intellectual property laws. The Content may be used only for your personal and non-commercial use and may not be edited or modified for any purpose. By accessing the RTN websites, you agree not to reproduce, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate the Content to anyone, except that you may occasionally reproduce, distribute, display or transmit ("Post") an insubstantial portion of Content, not exceeding 100 words, for a noncommercial purpose, to a limited number of individuals or as an external link to a RTN website (in blogers language, "post an excerpt of something appearing on a RTN website, and giving a link to that Content), provided your "Post" contains a link to the RTN Content and contains the phrase"Posted with permission from roadtonovember.com (RTN), as listed in the RTN Terms of Use." All rights not expressly granted herein are hereby expressly reserved to RTN.

RTN does not claim ownership of the Content you submit or make available for inclusion on the RTN websites. The Content is the property of the author of such Content. You agree to grant RTN a perpetual, royalty-free and irrevocable right and 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 now known or hereafter created, and to use your user name and other identifying information you provide in connection with that Content. You also permit any visitor or member of the RTN websites to use such Content for personal use as described above.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on this Site should be sent ONLY to our Designated Agent. Note: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed. Do not send any inquiries unrelated to copyright infringement (e.g., requests for technical assistance or customer service, reports or e-mail abuse, etc.) to the contact listed below. You will not receive a response if sent to that contact. We caution you that under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to heavy civil penalties. These include monetary damages, court costs, and attorneys fees incurred by us, by any copyright owner, or by any copyright owner's licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.

Written notification must be submitted to the following Designated Agent:

Service Provider(s): Roadtonovember.com

Email Address of Designated Agent to Which Notification Should be Sent:

Subject Line: Copyright Issue Email Address of Designated Agent: Road to November Forum Administrator & Moderator

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: (1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) Identification of the copyrighted work (or works) that you claim has been infringed; (3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.); (4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address; (6) 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; and (7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the material be removed although we cannot guarantee that any action will be taken as a result of your correspondence. Notices should be sent to Road to November Forum Administrator & Moderator with the phrase "Copyright Issue" in the subject line.

3. DISCLAIMER OF WARRANTIES AND LIABILITY.

You agree that your access to, and use of, the Service and the Content available on the RTN websites is on an "as-is", "as available" basis. The RTN websitesinclude facts, views, opinions and recommendations of individuals and organizations deemed of interest, and RTN does not endorse these views, opinions and recommendations. RTN specifically disclaims any representations or warranties, express or implied, as to the RTN websites and the Content, including, without limitation, any representations or warranties of accuracy, completeness, timeliness, noninfringement, merchantability or fitness for a particular purpose. RTN will not be liable to you or anyone else for any loss or injury caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the RTN websites and the Content. In no event will RTN be liable to you or anyone else for any decision made or action taken by you in reliance on the Content. RTN shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation may not apply to you.

4. LINKS TO THIRD PARTY SITES.

The RTN websites may contain hyperlinks to web sites operated by persons other than RTN. You agree not to hold RTN responsible for the content or operation of such web sites. A hyperlink from the RTN websites to another web site does not imply or mean that RTN endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the RTN websites.

5. ADDITIONAL LEGAL TERMS.

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. These Terms of Use are the entire and final agreement regarding the RTN websites and their Content, and supersede any prior or contemporaneous communications between RTN and you regarding the RTN websites and their Content. In the event of a dispute or a legal claim, your agree that any controversy or claim arising out of or relating to your use of the RTN websites, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute arises out of or relates to your use of the RTN websites, and if the dispute cannot be settled through negotiation, you agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. By using the RTN websites, you expressly waive your right to bring suit in any court of any state or territory under jurisdiction of the United States.

6. USER OBLIGATIONS.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify the RTN websites of any unauthorized use of your password or account or any other breach of security. RTN cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms of Use. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

You agree not to use the RTN websites or the Service to:

  1. upload, post, email, transmit or otherwise make available ("Post") any Content:

     - 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 and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or

    - that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

  2. harm minors in any way;

  3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  4. Post any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  5. 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;

  6. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  7. violate any applicable local, state, national or international law, intentionally or unintentionally;

  8. "stalk" or otherwise harass another; and/or

  9. collect or store personal data about other users.

You agree to be fully responsible for your own Content. The RTN websites act as a venue for you to Post your Content. While RTN has the right to refuse to post or remove, edit or abridge any Content for any reason, it is otherwise not involved in the writing or decisions as to the Content of its users. As a result, RTN has no control over the quality, accuracy or legality of the Content on the RTN websites. All Content posted on the RTN websites is the sole responsibility of the person from whom such Content originated. Because the RTN websites are venues, in the event that you have a dispute with a user of the RTN websites and their Service, you release RTN and its officers, members and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

RTN may permit the submission of photographic, video, audio or written works submitted by you and other users ("Posting"). You agree that any Posting made by you will be free from any claim of copyright infringement.

By submitting a Posting to RTN, you agree that you will indemnify, defend and hold RTN, its officers, memebrs, and/or employees, harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, made, suffered or incurred by any third party that arises from, relates to or is caused by any breach by you of any covenant, representation or warranty contained in these Terms of Use and/or your use of RTN, including without limitation, any Content or Posting to RTN made or otherwise provided by you that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy, or otherwise violates these Terms of Use. In connection with any suit, action or proceeding that may give rise to an obligation by you to indemnify RTN, its officers, memebrs, and/or employees, and you fail to timely perform your obligation of indeminity of RTN, its officers, memebrs, and/or employees, RTN shall have the exclusive right, at its option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to RTN or any other party to be indemnified pursuant to this section.

7. ADDITIONAL TERMS.

Sections C ("Indication of Your Agreement"), D ("Severability"), and E ("Trademark Information"), set forth below, are incorporated into, and made part of, this the RTN Terms of Service Agreement as if full set forth herein.

B. Privacy Policy.

1. Exclusion.

This Privacy Policy does not apply to Content, Posting, information, ideas, concepts or any information that you send to RTN by email, by forum post, or by blog comment that contains any personally identifying iformation about you becuase RTN does not require that information for you to use RTN. You are required ONLY to provide an anonymous username and a valid email address to use RTN. If you want to keep any information not required by RTN private or proprietary, do not send them in an email to RTN or post them to RTN. RTN is a public forum and public site. If your Content or Posting, inlcuding "Personal Messages" (PM's) contains private or proprietary information, you have made it public of your own choosing.

2. Registration: Some basic personal information is required in order to register with RTN.

User Name - When you create an account on RTN you are required ONLY to provide an anonymous username and a valid email address. If you choose to reveal your real name, or any other personally identifiable information, please realize that this is a public forum and RTN accepts no liability or respobsibiltity to you for those unrequired disclosures.

Email Address - A valid email address is required for account activation. As a registered user, you may receive informational email messages from RTN from time to time. RTN sends periodic emails to all members. You may choose not to receive these emails by going to the User Control Panel (UCP) and making the necessary changes to stop receiving emails from RTN. You may also choose not to receive emails from other members in the UCP and if you choose not to change this setting in your UCP, you have agreed to allow other memebrs to email you in which event the other members will see your email address. RTN does not send unsolicited emails and if you have not changed your settings in your UCP to prevent your receiving emails from RTN or RTN members, you are deemed to have solicited any email you may receive from RTN or an RTN member. You are encouraged to report to RTN Administrator or Moderator any member who you believe is abusing RTN's email features.

User Name - This is how you are identified when you participate in forums. While many other aspects of your account can be updated regularly, your user name cannot be changed by you. In some instances, a moderator or administrator will change your user name for you upon request and explantion for the change.

3. Information RTN Requests.

When you register, you are asked to give general information. We ask that you to tell us a little about yourself so we can better meet the needs of our members. This includes providing you with content that may be of interest to you, and to show you advertisements that are relevant to your demographic information. RTN may, from time to time, use outside ad companies to display ads on its sites. These ads may contain cookies. While RTN uses cookies in other parts of its sites, the ad companies also use cookies with the ads displayed, and RTN may not have access to this information.

4. Participation

The information required of RTN as explained above is provided by you "actively" - meaning, you choose to submit this information to us when register to become a member of RTN, or update your account at any point after having joined. Some other information is provided "passively" - meaning that RTN obtains this information when you login to your RTN account and use the service. Your IP address is one example of information that RTN obtains from you passively. Another example of information obtained by RTN from you pssively is your activity on RTN (e.g., what forums you visit, where you are at in a particular forum, etc.). This is done primarily through the use of "cookies" and statistical data programs used by RTN to assist us in making RTN a better place.

5. Cookies

RTN uses cookies to customize your experience while using our services. A cookie is a small text file that many Web sites write through your browser when you visit them. A cookie can only be read by the site that places it, so RTN is unable to learn about your browsing history based on any other cookies in your browser. Most browsers also allow the option of displaying a warning before accepting a cookie, or refusing all cookies. Declining cookies from RTN may result in some of features not working properly. RTN also uses cookies to verify your login information, and to optionally store your password in your browser so that you do not need to type it in each time you visit. Any time that you point your browser to a 'members-only' area, RTN checks your browser's cookie file to see if you have already logged in, and if you have, you're taken right to the page that you have requested. If you are not logged in, you will be directed to the RTN login screen, where you can quickly and easily login to your account (or register to become a member and participate in RTN forums if you are not yet a member). Cookies are also used in conjunction with some ad banners to determine their effectiveness.

6. Advertising

RTN may, from time to time, use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit our Web site. These companies may use information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you (if you would like more information about this practice and to know your choices about not having this information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp). Personally identifiable information such as your name, address, email address or telephone number are not shared with advertisers becuase we do not have that information and do not request that information from you (or want it from you). Third-party advertising companies that RTN may use will likely have their own privacy policies, e.g., Google ads.

7. Public Forums

RTN hosts message boards, chat and other services for both public and private forums. Please remember that any information that is disclosed in public forums becomes public information. In addition, information that is disclosed in private forums, including personal messages (PM's)or private chat rooms may be disclosed by other forum participants if you voluntarily share that personal information with them. You should exercise extreme caution when deciding to disclose your personal information and we urge you in the strongest of terms not to disclose any personal information about you. RTN is not liable to you for any personal information you voluntarily share with, or disclose to, any member at RTN, or that you place in any Content or Posting at RTN, or that you provide without request to RTN. RTN requires ONLY an anonymous username and a valid email address in order for you to participate as a member of RTN. You will NEVER receive an email from RTN that requests your real name, where you live, your telephone number, banking information, or any private information of any kind and if you receive such an email purporting to be from RTN, treat it as a phishing email or spam and forward it to RTN at Road to November Forum Moderators.

8. Security

RTN, along with many other companies, relies on third party software and third-party hosting services to host our online communities and related data. At present RTN's hosting company is Arvixe, Inc. Arvixe, Inc., has assured RTN that it has security measures in place to protect the loss, misuse and alteration of any information under its control.

9. Termination

You can elect to terminate your membership with RTN at any time. Simply go to your user control panel page to cancel your account, or alternately send an email to Road to November Forum Moderators asking us to assist you in terminating your account. We may also terminate your account at RTN for varying reasons, including no reason at all, your having violated forum rules or forum etiquette, RTN Privacy Polciy, or RTN Terms of Service, as judged solely by us, or should we decide to terminate the particular member area that you may have joined. Upon termination, your account information will not necessarily be removed entirely from RTN - this is to reserve your identity so that no one else can create a new account with your member name or email address, and also allows you the privilege of reactivating your account at a later date if you wish to use RTN again. The termination of your RTN membership will not automatically terminate any affiliated memberships or registrations you have formed through RTN site. If, after having joined a RTN partner's service, you wish to be removed, you should contact that service directly to have your membership terminated.

10. Illegal Activity

Any illegal activity, or suspected illegal activity, that occurs on RTN and is discovered by us or reported to us by another member or a third-party, will be reported to appropriate authorities. In such instances, all information available to RTN will be provided to the appropriate authorities WITHOUT notice to you by RTN. Illegal activity includes, but not exclusively so, making threats of violence towards any other member of RTN, any elected or public official, or making threats of violence against property not belonging to you.

11. Summary

In this electronic era, when personal information can easily be obtained through various sources, RTN appreciates the sensitivity of any information that you disclose to us. It is our intention to treat your account information with the highest level of care but we are not respnsible for any personally indentifying information that you submit in COntent or Posting to RTN because we do not require that information of you. If you disclose personally identifying information, you do so at your own risk, with full knowledge that RTN is a public forum.

12. Additional Terms.

Sections C ("Indication of Your Agreement"), D ("Severability"), and E ("Trademark Information"), set forth below, are incorporated into, and made part of, this the RTN Privacy Policy as if full set forth herein.

C. Indication of Your Agreement.

By registering to be a member of RTN, or by using any part of RTN that does not require membership to use, your use idicates that you have agreed to the terms and conditions of RTN's Terms of Use and Privacy Policy, all of which are incorporated in this Section as if fully set forth herein. If you do not agree to these terms, then do not register to be a member of RTN or use RTN's services.

D. Severability.

Should any part of RTN's Terms of Use and/or Privacy Policy, all of which are incorporated in this Section as if fully set forth herein, be rendered or declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this RTN's Terms of Use and/or Privacy Policy, all of which are incorporated in this Section as if fully set forth herein, should not be deemed to invalidate the remaining portions thereof, and they shall remain in full force and effect.

It is further agreed that if any part of RTN's Terms of Use and Privacy Policy, all of which are incorporated in this Section as if fully set forth herein, is determined invalid, either party may open negotiations solely with respect to a substitute for such Article, Section, or portion within two (2) weeks after a ruling has been made.

E. Trademark Information.

The RTN logo, and the other trademarks, service marks, logos and trade names displayed on the RTN websites (the "RTN Marks") are the trademarks of RTN. You agree not to display or use the RTN Marks in any manner without RTN's prior written consent.

Contact Us:
E-Mail: Road to November Forum Moderators
E-Mail: Road to November Administrator