Terms of Use

This U.S. Vote Foundation website, including all past, current and future versions of www.usvotefoundation.org and any successor pages thereto (the “Site”) is owned and operated by Overseas Vote Foundation (“OVF” or “we” or “us” or “our”). Your use of this Site and the features at this Site are subject to these Terms of Use ("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 Site, and you should refer to those before using such services. We may change these Terms or any Additional Terms by posting changes to the Site. Your use of this Site after we post any changes constitutes your agreement to those changes.

1. No Legal, Financial, Investment or other Professional Advice

All information that appears on this Site, 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 aslegal, 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 Site. We cannot be held responsible if a change, amendment or revocation of any law, regulation, executive order or policy renders any information on this Site inaccurate or out of date.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.

2.Termination

We may, in our sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that we will have no liability to you if this Site 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 Site.

3.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 or others due to any such unauthorized use.

No Unauthorized Access. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

Age Requirement. All users, any voter account users, must be the age of majority in the state in which they reside to register a voter account, join a mailing list or submit any information to us or use other features of the Site.

Indemnity. You agree to defend, indemnify and hold us, our affiliates, licensors, licensees, and business partners, and our and their respective officers, directors, employees, agents and customers, harmless from and against any and all claims, liabilities, losses, damages, royalties, fees, costs and expenses, including reasonable attorneys' fees and costs, arising out of or relating to your violation of these Terms or any other terms provided on the site, your acts and omissions under these Terms, any activity occurring through your account, or any information or content submitted by you.

4.General Disclaimer; Limitation of Liability
Disclaimer. While we use reasonable efforts to ensure that the information on this Site 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 Site, any delays in transmission of that information, or for any actions taken by you in reliance thereon.

THIS SITE AND THE INFORMATION AND CONTENT THEREIN AND ALL SOFTWARE, PRODUCTS AND SERVICES PROVIDED BY USE 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. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE, 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 SITE. 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 SITE, OR ANY ADVICE, OPINIONS, INSTRUCTIONS, STATEMENTS, INFORMATION OR CONTENT CONTAINED ON THE SITE OR PROVIDED THROUGH THE SITE OR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES. 

Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OVF 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 SITE 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 SITE'S RECORDS, PROGRAMS, INFORMATION, CONTENT, SOFTWARE, PRODUCTS OR SERVICES. IN NO EVENT SHALL OVF’S 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. In such jurisdictions, the liability of OVF, our affiliates, licensors and business partners and our and their respective agents shall be limited to the greatest extent permitted by law.

5. Third Party Websites
The Site contains links to other websites. We do not guarantee the accuracy of, endorse the views or opinions given by, or take responsibility for the content of any third party website. The views and information contained on these outside websites do not necessarily reflect our views. The links to those websites are provided for purely informational purposes.

6. Site Content
All writing, images and design layouts, art work, trademarks, logos, slogans, and other material found in communications from us, on the Site, 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 (collectively, the "Content") and are protected by U.S. copyright and trademark law, international conventions and other applicable laws. Any Content made available for viewing at or download from the Site or any other source shall remain the property of us or our licensors. The Content is intended solely for personal, noncommercial use by the users of this Site. You may download, print, and store the Content and downloadable materials displayed on this Site, for your internal personal or business use only. No right, title, or interest in any downloadable materials 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 Site. 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 Site, or any related software without our express written consent.

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

 7. 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 site, 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. 

8. Miscellaneous

Remedies. You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms of Use would cause irreparable injury, that money damages would be an inadequate remedy and that we shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you, from such breach or threatened breach. Nothing in this Section shall be construed as preventing us from pursuing any and all remedies available to it, including the recovery of money damages from you.

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.

Severability. If any provision of these Terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

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 Site. 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, and 8 of these Terms will survive any termination of these Terms or your access to or use of the Site.

Entire Agreement. This is the entire agreement between us 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 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 at our Privacy & Security Policy. The policy sets forth the standards for the way we handle your personal information. By using the Site and/or our services and/or submitting any information to us through the Site, you consent to our collection, use, and disclosure of the information you give to us 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 Site, submit any information, or use other interactive features of our Site. Please read our Privacy & Security Policy for more information about our collection and use practices.

Disclosure. The Site and any services provided through the Site are provided by Overseas Vote Foundation, located at 4325 Old Glebe Road, Arlington, VA 22207 . If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND U.S. VOTE /OVERSEAS VOTE, AND IS ACCEPTED BY YOU UPON YOUR USE OF THE SITE OR YOUR ACCOUNT.