This describes the terms and conditions that govern your use of Muscogee Muckraker products or services, including MuscogeeMuckraker.com and its adjacent social media platforms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY MUSCOGEE MUCKRAKER PRODUCTS OR SERVICES, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER.
By using MuscogeeMuckraker.com and Muscogee Muckraker products, you are agreeing to our Terms of Service, Terms of Sale, and our Privacy Policy.
1. General Rules
1.1 We try to write these terms in the plainest English we can because we want you to understand them. We don’t intend to use “Lawyer’s English”.
1.2 Using any of Muscogee Muckraker’s products (such as this website and our social media platforms) means that you agree in-full with all of these Terms of Service.
1.3 These Terms may change from time to time, and it’s on you to check if they do. It’s impossible for us to notify anyone who has ever used our website.
1.4 If any of these Terms of Service are ever unacceptable to you, you’re free to cancel your subscription and/or stop using our products. Your continued use means you still agree with the current Terms.
1.5 We may change or discontinue features at any time. We may also limit content. We reserve the right to restrict content without notice or liability.
2. Content
2.1 All materials published and available on our website and other platforms are our content. This includes, but is not limited to, all text, images, designs, audio, video, “look and feel”, metadata, data, and anything else we’ve created, published, and/or distributed.
2.2 All of our content is intended for your personal use. All of our content is protected by copyright. You agree to abide by that copyright. That means you can’t copy our content nor can you use it in commerce. You also can’t modify or reproduce our content in any way to try and get around this.
2.3 You’re totally allowed to download any downloadable content for your own personal use, so long as you don’t violate the copyright nor use it in commerce.
2.4 If you do need to copy or store any of our content for any reason other than for your own personal use, you have to get our permission in writing first. There are really no ifs, ands, or buts about it.
3. User-Generated Content
3.1 Posting, submitting, or disclosing anything on our website or platforms —to include email— represents to us that you have the legal right to do so.
3.2 You agree not to post, submit, nor disclose anything that you do not have the right to.
3.3 You agree not to post, submit, nor disclose anything you know to be untrue.
3.4 You agree not to post, submit, nor disclose any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.5 You agree not to provide material and misleading information knowingly and with intent to defraud.
3.6 You agree to not upload, distribute, or otherwise publish any malware, viruses, spyware, or other malicious software or files to our site, content, or any other of our platforms.
3.7 You agree not to threaten or verbally abuse other members, use defamatory language, nor deliberately disrupt discussions with repetitive messages, meaningless messages, or “spam”.
3.8 You agree that any posts, submissions, and/or disclosures you make may be edited, removed, modified, published, transmitted, and displayed by Muscogee Muckraker.
3.9 You agree that by posting, submitting, or disclosing that you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Anything you post, submit, or disclose may also be made available for republishing through other formats.
3.10 You grant Muscogee Muckraker a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to anything you post, submit, or otherwise disclose. This means you agree that Muscogee Muckraker can do any of the following with anything you post, submit, or otherwise disclose, without limitation: use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies). We can do this through any form or media, whether it exists right now or hasn’t even been invented yet.
3.11 You agree that you are responsible for what you post, submit, or otherwise disclose. However, we own the site. It’s our house. That means we reserve the right to delete, edit, or modify whatever you post, submit, or disclose however we deem fit. You also agree that Muscogee Muckraker can’t review every single post and therefore isn’t responsible for what you choose to post, submit, or otherwise disclose.
3.12 You agree with the following in its entirety: We are not a forum. We are not a public utility. We’re a private company publishing content through a paid subscription service for paying subscribers. We reserve the right to tailor all content how we see fit. We also are under no obligation to tailor anything at all. We can do what we want, and you can choose to use our products & services or not. That’s completely your choice.
4. Prohibited Use
4.1 You agree not to access nor use any of our content to harm anyone — including us. You may not use any of our content in a way that violates the law. You also may not use our content in a way that violates the intellectual property rights of another.
4.2 You agree that you will not attempt, nor encourage or support anyone else’s attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our content, products, or services, or make any unauthorized use of them.
4.3 You agree not to access any part of our content, products, services, data, or information that you do not have permission or authorization to access or for which we have revoked your access.
4.4 You agree not to use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means. You also agree not to use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to our content, products, or services in any way, including overriding any security feature or bypassing or circumventing any access controls or limits. You agree that you will not cache or archive any of our content (except for a public search engine’s use of spiders for creating search indices, which is of course totally fine).
4.5 You agree that you will not take action that imposes an unreasonable or disproportionately large load on our network or infrastructure, nor will you do anything that could disable, damage, or change the functioning or appearance of our content.
4.6 You acknowledge and agree that engaging in a prohibited use of our content may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you, those you assisted, and those who assisted you. Just don’t. It’s far easier for you if you don’t.
5. Representations, Warranties, Indemnification, and Limits of Liability
5.1 You agree that no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
5.2 You agree that no materials of any kind submitted through your account will contain libelous or otherwise unlawful material.
5.3 You agree that you are at least thirteen years old if you are in the USA and the UK, and sixteen years old anywhere else.
5.4 You agree that if you are under eighteen years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Service.
5.5 You agree that your use of our content, products, and/or services is purely at your own risk.
5.6 We publish content based on our opinion of how we observe the world around us. While we do publish what we believe to be objectively true information, we do not in any legal capacity proclaim to somehow be a “sole arbiter of truth”.
5.7 You agree that you are responsible for making your own judgments for how you choose to consume and repeat information.
5.8 You agree that Muscogee Muckraker is free to provide our take on what we observe in the world around us. You also agree that you are free to take it or leave it.
5.9 You agree that the First Amendment is first for a reason, and the face-value absolutism that “Congress shall make no law” regarding this.
5.10 You hereby indemnify, defend and hold harmless Muscogee Muckraker and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising from any content we publish whatsoever. You agree that you will cooperate as fully as reasonably required in the defense of any such claim.
5.11 You agree that Muscogee Muckraker does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information posted, submitted, displayed, uploaded, or distributed through any of our content by any user, information provider, or any other person or entity. We are not liable to you or any other person as a result of a user’s interactions with other users. You acknowledge and agree that any reliance upon any such opinion, advice, statement, memorandum, or information shall be absolutely and entirely at your own risk.
5.12 You agree that, to the maximum extent permitted by law, all of our content is distributed on an “as-is” basis without warranties of any kind, either express nor implied. This includes, without limitation, any warranties of title or implied warranties of merchantability or fitness for a particular purpose.
5.13 While we try to do our best to keep our content, products, and services up-to-date and correct, you agree that Muscogee Muckraker does not warrant that our content, products, and services will be uninterrupted or error-free. You agree that there may be delays, omissions, interruptions, and inaccuracies in our content. You understand and agree that there may also be things in our content that are just flat-out wrong. While we generally do our best to get it right, we also don’t have a crystal ball.
5.14 You agree that you will not rely upon nor use our content as a substitute for, nor does it replace, professional legal, financial, tax, or medical advice.
5.15 You agree that if you have any questions or concerns about your health, you should always consult with a physician or other healthcare professional. We are neither of those. You agree that you are responsible for your own medical and healthcare decisions, regardless of how you choose to interpret and/or apply our content within your own independent decision-making process. You agree that we are not liable for your decisions or actions, regardless of how much you may later claim that our content may have influenced you. We don’t have to specify this, but are doing so as an extended courtesy.
5.16 You agree that prior to the execution of any investment, purchase, donation, or other financial transaction, you should always consult with your broker or other financial advisor. We are neither of those. You agree that you are responsible for your own financial decisions, regardless of how you choose to interpret and/or apply our content within your own independent decision-making process. You agree that we are not liable for your decisions or actions, regardless of how much you may later claim that our content may have influenced you. We don’t have to specify this, but are doing so as an extended courtesy.
5.17 You agree that prior to the execution of any actions or decisions with legal ramifications, you should always consult with an attorney or other legal professional. We are neither of those. You agree that you are responsible for your own legal decisions, regardless of how you choose to interpret and/or apply our content within your own independent decision-making process. You agree that we are not liable for your decisions or actions, regardless of how much you may later claim that our content may have influenced you. We don’t have to specify this, but are doing so as an extended courtesy.
5.18 You agree that you are reading content published on the internet and that you are responsible for everything —absolutely everything— that you independently choose to do with your own consumption of that content. You agree that we aren’t liable for anything you do. Bar none. Hard stop.
5.19 You agree that in no event will Muscogee Muckraker, its affiliates, owners, shareholders, directors, officers, employees, advertisers, suppliers, content providers, and licensors (MM Parties), be liable (neither jointly nor severally) to you nor any other person or entity as a result of your access or use of our content, products, services, website, social media pages, cached manifesto manuscripts, underground bunkers, colonies on mars, secret laboratories, childhood photographs, old term papers, or any other content or facilities associated with Muscogee Muckraker. Seriously. You agree that we are not liable for you. Someone else might be, but you agree that it ain’t us.
5.20 You agree that the above-described complete and total limit of liability applies whether the alleged liability is based on negligence, tort, contract, or any other theory of liability, even if MM Parties have been advised of the possibility of it could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose of a limited remedy.
5.21 You agree that if any applicable authority holds any portion of this section to be unenforceable, then the MM Parties’ liability will be limited to the absolute fullest extent of the law.
6. Registration and Security
6.1 As part of the registration or account creation process, you will create login credentials by selecting a password and providing an email address.
6.2 You agree that each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You agree that you are responsible for maintaining the confidentiality of your password.
6.3 You agree that you will not: (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person's authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. We own the site. You wouldn’t expect to scream obscenities in someone else’s house and not expect to be removed, would you? Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspense or termination of your account.
6.4 You agree that you consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
6.5 We do not collect nor store your login information. We use a specialized third-party vendor called “Admiral” to make sure your experience is secure and correct. You agree that you consent to our use of a professional service provider to make sure your experience is handled by the right kind of technical professionals. You also agree that we are not liable whatsoever for anything that this (or any third-party vendor) does or fails to do. You also agree that this third-party vendor may change at any time without any notice to you at all.
6.6 Since we do not control your login information, please contact Admiral through their website at https://www.getadmiral.com with any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You understand and agree that only Admiral can help you with this, and that Muscogee Muckraker cannot.
6.7 You agree that you must be 13 years or older to use any part of Muscogee Muckraker’s content in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use, subscribe or register to any part of our content, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf.
6.8 You are responsible for all usage or activity on your account with Muscogee Muckraker, including use of the account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law-enforcement agencies.
6.9 If your access to any Service has been provided by or through a third party (for example, your employer or an educational institution at which you are a student) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address or name).
7. Fees & Payment
7.1 You agree that we reserve the right at any time to charge fees for access to portions of our content or the content as a whole. In no event, however, will you be charged for access to the content unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the content that are now free, we will give you advance notice of such fees. You may cancel your account at any time.
7.2 You agree that all new fees, if any, will be posted prominently on our website and in other appropriate locations within our content. You agree that you shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.
8. Third-Party Content & Links to Third-Party Websites
8.1 You agree that our content may contain links to third-party websites, resources, and advertisers (collectively, “Linked Content”). You agree that we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such site.
9. Software Licenses
9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access our content ("Software"). You may not sublicense, assign or transfer any licenses granted by Muscogee Muckraker, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such Software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.
10. Termination & Survival
10.1 You may terminate your account at any time by accessing your account through our website. Termination of your subscription to our paid digital content, products, or services will be governed by our Cancellation and Refund Policy.
1.0.2 Muscogee Muckraker may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
10.3 The provisions of these Terms of Service shall survive the termination of your account or access to all or part of our content.
11. Governing Law, Jurisdiction, & Waiver of Class Actions
11.1 These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of Alabama as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable). Furthermore, you agree that no regard shall be placed on any conflict that may arise regarding interplanetary law, colonies on the planet Mars, nor laws pertaining to dwellings within the Mariana Trench.
11.2 In the unlikely event that a claim or cause of action does arise out of or related to our content or these Terms of Services, you agree that any such claims or causes of action shall be resolved solely through binding arbitration before a single arbitrator. You further agree that the venue for any such dispute shall be the County of Russell in the State of Alabama and will follow the then-current rules. (See: https://alabamaadr.org/web/publicinfo/Arbitration/index.php)
11.3 You agree to cover all expenses associated with arbitration unless the resolution later states otherwise.
11.4 You agree that this binding arbitration shall be your sole means to seek a remedy for any claim or cause of action resulting from our content and that you will not engage in any class action or other collective action.
11.5 You agree that by voluntarily providing information to us, by using our Website, viewing our content, or by otherwise engaging with our content or platform(s), that you are waiving any rights to a trial by jury or to join any collective or class action litigation involving any dispute, claim, or any other cause of action.
12. Miscellaneous
12.1 Nothing in these Terms shall be misconstrued to preempt the text of any other of our policies, nor shall the text of any other of our policies be used to preempt the text of these Terms.
12.2 Correspondence should be sent to contact@muscogeemuckraker.com.
12.3 You agree to report any violations of the Terms of Service to Muscogee Muckraker as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in our content, please notify contact@muscogeemuckraker.com in writing in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Please be advised that your notice must include all the following: Your name, address, and contact information; A copy of the work(s) you claim to be infringed; A readily identifiable description and location within our content of the work(s); A statement that you believe in good faith that the work(s) are being used without authorization, which is signed by and contains the physical or digital signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 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 behalf of the owner of an exclusive right that is allegedly infringed. Your notice must also meet all of the following conditions: Be sent as an enclosed PDF document prepared using standard US letter-size 8.5”x11” pages; Be delivered to contact@muscogeemuckracker.com; Use the subject line of “DMCA NOTICE: [Your Full Name]”.
12.4 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
12.5 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties, and the remaining provision will not be affected and remain in full force and effect.
Paragraph 12.5 concludes these Terms of Service.