Your use of this Website and the features at this Website are subject to these Terms, which we may update from time to time. Please note that additional and/or different terms and conditions (“Additional Terms”) may apply to services, features or functionality provided through the Website, and you should refer to those before using such services. We may change these Terms or any Additional Terms by posting changes to the Website. Your use of this Website after we post any changes constitutes your acceptance of those changes.
- No Legal, Financial, Investment or other Professional Advice
All information that appears on this Website, including any advice, opinions, instructions and statements, is provided for informational purposes only and does not constitute legal, financial, tax, investment or other professional advice, and should not be interpreted as legal, financial, tax, investment or other professional advice or as creating any kind of attorney-client, legal advisor, investment advisor or financial advisor relationship. You should conduct your own independent research and consult your attorney, financial advisor, or other professional or authority in the appropriate field before using or relying on the Site. You are solely responsible, and we have no liability, for any legal, financial, tax, investment or other decisions, omissions or actions that you make or take, or any third party makes or takes, based on upon, or any results obtained or not obtained from, the Website. We cannot be held responsible if a change, amendment or revocation of any law, regulation, executive order or policy renders any information on this Website inaccurate or out of date. We are NOT connected in any way with any US government or US military organization.
All voters are encouraged to consult with legal counsel regarding their specific circumstances if the need arises.
We may, at our sole discretion, and at any time, discontinue this Website or any part thereof, with or without notice, or may prevent your use of the Website with or without notice to you. You agree that you do not have any rights in this Website and that we will have no liability to you if the Website is discontinued or your ability to access it is terminated. If you do not agree with these Terms, you should immediately discontinue all use of this website.
- Your Obligations
Your Account. You must provide accurate, complete information when creating your account and keep your user name and password secure. You are solely responsible for any activity that occurs on your account. We are not liable for any losses caused by any unauthorized use of your account, but you are liable for any losses suffered by US Vote or others due to any such unauthorized use.
Permitted Users of the Website. In consideration of your use of the Website, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction.
The Website is directed to persons 13 years of age or older. US Vote and the Website do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Website or to submit any personally identifiable information to the Website. If you provide information to US Vote through the Website, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Website, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe US Vote may have inadvertently collected personal information from your child, please notify US Vote immediately by sending an email to info(at)usvotefoundation.org.
Acceptable Use. The content available through the Website (“Content”) is the sole and exclusive property of US Vote, its affiliates and/or its licensors. You agree not to reproduce, duplicate, modify, copy, publish, transmit, distribute, display, sell, resell or exploit for any commercial purpose, any portion of the Website or Content other than as expressly authorized by US Vote in writing. Use of the Website or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Website by any means other than through a standard web browser in any media.
The Website and Content are provided solely for your own information and personal use. You may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Website or Content unless expressly authorized by US Vote in writing. You agree that you will not remove, obscure or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or any marks or logos contained on the Website or in the Content.
- Indemnity; General Disclaimer; Limitation of Liability
Your Indemnity of US Vote. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US VOTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE, OR YOUR SUBMISSION(S) OR ANY OTHER MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF US VOTE OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF.
Disclaimer. While we use reasonable efforts to ensure that the information on this Website is accurate and up to date, we reserve the right to make corrections. We shall not be liable for any errors, or inaccuracies of the information or Content on this Website, any delays in transmission of that information, or for any actions taken by you in reliance thereon.
THE WEBSITE AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY SUCH INFORMATION, CONTENT, SOFTWARE PRODUCTS OR SERVICES. US VOTE, AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES THAT THE WEBSITE, INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES WILL BE AVAILABLE FOR USE OR WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, SOFTWARE, PRODUCTS OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES, OR AS TO THE VALUE, ACCURACY OR QUALITY OF THE SITE, REGARDING THE RESULTS OF THE USE OF THE WEBSITE, OR ANY ADVICE, OPINIONS, INSTRUCTIONS, STATEMENTS, INFORMATION OR CONTENT CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SITE OR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Website is free of viruses or other harmful code.
Modifications to the Website, Products, Services or Activities
US Vote reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website, products, services or Activities or any portion thereof, with or without notice. You agree that US Vote will not be liable to you or to any third party for any modification, suspension or discontinuance of a Website, product, service or Activity. You should retain copies of your Submissions that you may want to save and not rely on the Website to preserve your Submissions.
Suspension and Termination Rights
US Vote reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, Content, products, services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that US Vote shall not be liable to you or any third party for any such suspension, discontinuance or termination.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL US VOTE OR ANY OF OUR AFFILIATES, LICENSORS, BUSINESS PARTNERS OR OUR OR ANY OF THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION. CONTENT, SOFTWARE, PRODUCTS OR SERVICES, NOR SHALL WE BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE'S RECORDS, PROGRAMS, INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES. IN NO EVENT SHALL US VOTE OR ANY OF OUR AFFILIATES’, LICENSORS’, BUSINESS PARTNERS’ OR ANY OF THEIR AGENTS’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is U.S. Vote Foundation, located at 4325 Old Glebe Road, Arlington, VA 22207. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to info(at)usvotefoundation.org or +1 (202) 470-2480.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
- Third Party Websites
- Ownership of Intellectual Property
You acknowledge and agree that, as between US Vote and you, all right, title and interest in and to the Website and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by US Vote, its affiliates, or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Website or any portion thereof.
Copyright: All Content, including but not limited to, writing, images and design layouts, art work, trademarks, logos, slogans, and other material found in communications from us, on the Website, or in any other materials created by us, regardless of the medium in which they appear, are the property of us or are used under licenses from third parties and are protected by U.S. copyright and trademark law, international intellectual property conventions and other applicable laws. Any Content made available for viewing at or download from the Website or any other source shall remain the property of US Vote or our licensors. The Content is intended solely for personal, noncommercial use by the users of this Website. You may download, print, and store the Content and downloadable materials displayed on this Website, for your internal personal use only. No right, title, or interest in any downloadable materials, Content or software, or in any of the copyrights or other intellectual property rights inherent in them, is transferred to you as a result of any such downloading or copying. We reserve complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not, and you will not allow any third party to, reproduce, duplicate, copy, publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way, in whole or in part, any of the Content, this Website, or any related software without our express written consent.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to US Vote or its affiliates or licensors. Without limiting the foregoing, U.S. Vote Foundation is a trademark of US Vote. Unauthorized use of any trademark of US Vote, its affiliates, or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by US Vote of the third parties, or by the third parties of US Vote.
Requests to use, cite or republish the data provided by this Website can be made in writing to:
U.S. Vote Foundation
4325 Old Glebe Road
Arlington, VA 22207 USA
- Your Use of the Website
Communications Services: The Website may contain blogs, chat areas, forums, comments, rankings, communities, calendars, donation pages, social media pages, Activities and/or other message or communication facilities designed to enable you and others to communicate with other Website users or US Vote (collectively, “Communication Services”). You acknowledge that your submissions to the Website may be or become available to others on the Website and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Website. You should only provide submissions that you are comfortable sharing with others under these Terms.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and US Vote reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, US Vote may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that you will not:
- Use the Website or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
- Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
- Take any action that places an unreasonable or disproportionately large load on the Website’s infrastructure or otherwise that may adversely affect performance of the Website or restrict any other user or US Vote from using or enjoying the Communication Services or the Website.
- Use the Website for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
- Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Website in any manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity of affiliation.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
- Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
- Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Use the Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
- Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
- Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
- Engage in any other action that, in the judgment of US Vote, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Website (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. US Vote does not endorse any User Materials nor vouch for their reliability. Under no circumstances will US Vote be liable in any way for any User Materials.
You acknowledge that US Vote may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Website. Without limiting the foregoing, US Vote has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in US Vote’s sole discretion. US Vote shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country.
You understand that by using the Website, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Website.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. US Vote is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless US Vote and its designees from and against any and all claims concerning US Vote’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission.
You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services.
By making a Submission, you grant US Vote and its affiliates, licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicensees), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in US Vote’s sole discretion, on the Website or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold US Vote and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
- DMCA Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright compliance officer. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (3) your contact information including address, telephone number and email address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright agent at: U.S. Vote Foundation, Inc., c/o Susan Dzieduszycka-Suinat, Attn: DMCA Request, 4325 Old Glebe Rd, Arlington, VA 22207, info(at)usvotefoundation.org, (202) 470-2480.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice.
9. Governing Law
This Agreement will be governed by and construed in accordance with the internal laws of the State of Delaware without regard to conflicts of laws principles. By using this Website, you hereby agree that any and all disputes arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms arbitrate, will be determined by final and binding arbitration in Delaware before a single arbitrator. The arbitration will be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules (the "Rules"). The arbitrator will be selected by mutual agreement of the parties or, if the parties are not able to agree, in accordance with the Rules. Judgment on the award may be entered in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party. This clause will not preclude the parties from seeking provisional remedies from a court of appropriate jurisdiction.
Language. English is the authoritative text of these Terms and all communications, notices, arbitrations and other actions and proceedings relating to these Terms shall be made and conducted in English.
Force Majeure. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control, shall not be deemed a breach of these Terms.
Waiver. If we fail to act with respect to your breach or anyone else's breach of these Terms on any occasion, such failure does not constitute a waiver of the right to act with respect to future or similar breaches.
Assignment. We may freely assign these Terms and any rights granted to us under these Terms, in whole or in part, without your consent or making any payment to you, including, without limitation, in connection with a merger, change of control, or sale of assets relating to the Website. These Terms will be binding on and inure to the benefit of the parties and their heirs, successors and permitted assigns.
Survival. Sections 1, 3, 4, 5, 6, 7, 8, and 9 of these Terms will survive any termination of these Terms or your access to or use of the Website.
Entire Agreement. This is the entire agreement between US Vote and the user relating to the subject matter herein and shall not be modified except by a change to these Terms or any Additional Terms made by US Vote in our discretion as set forth in the preamble to these Terms above or by a written amendment to these Terms or any Additional Terms signed by both parties.
Privacy & Security. Our Privacy & Security Policy can be found on our Website under Privacy & Security Policy. The policy sets forth the standards for the way we handle your personal information. By using the Website and/or our services and/or submitting any information to us through the Website, you consent to our collection, use, and disclosure of the information you give to US Vote in accordance with our Privacy & Security Policy. Persons who have not reached the age of majority in the state in which they reside are not permitted to participate on the Website, submit any information, or use other interactive features of our Website. Please read our Privacy & Security Policy for more information about our collection and use practices.
Disclosure. The website and any services provided through the Site are provided by U.S. Vote Foundation, located at 4325 Old Glebe Road, Arlington, VA 22207 . THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND U.S. VOTE FOUNDATION, AND IS ACCEPTED BY YOU UPON YOUR USE OF THE WEBSITE OR YOUR ACCOUNT.