Terms and Conditions of eVoter California – Please Read

Terms and Conditions of eVoter

eVoter™(“eVoter”) is a non-partisan website that allows users to look up a sample election ballot by address or to look up specific candidates for elected office. Candidates may purchase advertising on eVoter in the form of an interactive profile on a sample ballot which appears in response to an address search on the website (a “Candidate Profile”). The Candidate Profile contains information about their candidacy and may contain solicitations to support their campaign or contribute to their campaign committee. Organizations which endorse political candidates may purchase the right to have an Organizational Profile and to show their endorsements on our sample ballots. The eVoter is provided by Political Technologies LLC, whose principal office is located at 20801 Biscayne Boulevard, 4th Floor, Miami, Florida 33180 (“Political Technologies”).

This legal agreement (“Agreement”) is made between You and Us. This Agreement, as it may be amended from time to time, applies to all users of eVoter.

Please read this Agreement carefully before using or registering on eVoter. By registering on eVoter, You become an eVoter member (a “Member”), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Member.

IMPORTANT NOTICES:

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER ON EVOTER. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON EVOTER.

IF YOU USE EVOTER WITHOUT BECOMING A MEMBER PLEASE NOTE THAT ALTHOUGH OUR GOAL IS TO DELIVER THE MOST ACCURATE INFORMATION POSSIBLE WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OF INFORMATION WHICH APPEARS ON EVOTER. ALL INFORMATION ON EVOTER IS PROVIDED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL.

WE DO NOT EXERCISE ANY CONTROL OVER THE CONTENT OF ANY CANDIDATE PROFILES OR ORGANIZATIONAL ENDORSEMENTS. THESE ARE PAID ADVERTISMENTS.

In this Agreement the following terms have the following meanings unless the context requires otherwise:

“Agreement” means the agreement between You and Us incorporating these terms and conditions for the provision of eVoter, as amended from time to time in the manner set forth herein;

“We, Us, Our” means Political Technologies LLC; and

“You, Your, Yourself” means the person who registers for eVoter, accepts the terms and conditions of this Agreement and whose application for membership eVoter is accepted by Us.

ELIGIBILITY: MINORS MAY NOT BECOME MEMBERS. By becoming a Member, You represent and warrant that You are at least 18 years old. By using eVoter, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your membership for the Service is for Your sole, personal use. You may not authorize others to use Your membership, and You may not assign or otherwise transfer Your account to any other person or entity.

REGISTRATION AND PURCHASE OF ADVERTISING:

1. You may search sample ballots by address and search for candidate profiles without becoming a Member. In addition, You may mark choices on a sample ballot and print it out as a .pdf without becoming a Member. You may view and print unlimited sample ballots and view unlimited Profiles and Organizational endorsements, provided that if we detect excessive use which we view as abuse, we may limit Your access to eVoter.

2. You must become a Member to perform the following functions: (1) save your ballot (2) support a candidate and (3) contribute to a candidate. You may also register on eVoter if You would like to receive information and updates from us. To become a Member, You must register on eVoter. When and if You register to become a Member, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form (“Registration Data”), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We may terminate this Agreement and Your use of eVoter.

3. In order to comply with relevant laws or to increase the effectiveness and improve the experience of eVoter, We may ask You to provide additional information about Yourself from time to time. This information will be included in Your Registration Data. If You chose not to provide such additional Registration Data, You may not be able to access the functionality on eVoter which requires this Data.

4. If You are a Candidate for political office, you may purchase advertising on eVoter in the form of a Candidate Profile which will link to Your name on any sample ballot generated on eVoter which contains the office You are running for. Click here for the full Terms and Conditions for Purchasing a Candidate Profile.

5. If You are an Organization which endorses political candidates for office, you may purchase the ability to have an Organizational Profile and to have your endorsements highlighted on a sample ballot, if a user chooses to view Your endorsements. Click here for the full Terms and Conditions for Purchasing a Organizational Profile.

6. Click here for the price lists for Candidate Profiles, click here for Organizational Profiles and click here for Proposition Profiles.

7. We do not verify information in either Candidate Profiles or Organizational Profiles. While We employ checks to determine that Candidates and Organizations are registered with the appropriate election authorities, We have no control over, do not guarantee, and are not responsible for the quality, truth, accuracy, or legality of Candidate Profiles or Organizational Profiles.

MAKING CONTRIBUTIONS TO POLITICAL CANDIDATES

Candidates may make solicitations for contributions to their campaign committees on their Candidate Profiles. If You click the button to make a contribution, You will be transferred to our payment processor, Contribution Technologies, Inc. (“CT”) and Your payment and contribution will be governed by their Terms and Conditions (click here for CT’s Terms and Conditions). If You are a Candidate or campaign committee, You agree that We have not made any solicitations to anyone for contributions on your behalf. If You are a contributor, You agree that We have not solicited your contribution to any political candidate, campaign committee, or political action committee in any way.

TERM AND TERMINATION

This Agreement will remain in full force and effect while You use eVoter and/or are a Member. You may terminate your membership at any time via the website or by sending Us written or email notice of termination. To learn how to terminate your membership, visit the Help section of the website. Either You or We may terminate your membership by removing your account, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination of a Candidate Profile or an Organizational Profile by Us without cause, We shall refund any payment that We have received from You. In the event that (a) You terminate your membership, Candidate Profile or Organizational Profile; or (b) We determine, in our sole discretion, that You have violated this Agreement or our posted Privacy Statement, You shall not be entitled to, nor shall We be liable to You for, any refund of any payments We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.

PROPRIETARY RIGHTS

If You are a Candidate or Organization, You represent and warrant to Us that the information posted in Your Candidate Profile or Organization Profile, including Your photograph, is posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You agree to allow us to reproduce and display your Candidate Profile or Organization Profile on eVoter in a manner consistent with these Terms and Conditions, including allowing any users of eVoter the right to reproduce or display Your Candidate Profile or Organization Profile to any members of the general public. Your proprietary rights to Your Candidate Profile or Organization Profile do not include the design and technology of the profile template, which is Our intellectual property.

YOUR USE OF EVOTER

As a Member, You agree that:

1. You will use eVoter in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any commercial products or services through eVoter. You will not transmit any chain letters or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.

2. You are solely responsible for the content or information You publish or display (hereinafter, “post”) on eVoter, or transmit to other members. You will not post on eVoter, or transmit to other members or to Us or Our employees, any illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. We reserve the right to refuse service to anyone at our sole discretion.

3. By becoming a Member, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, emails which we feel are relevant to your use of eVoter and emails informing You of changes to eVoter or Our Terms and Conditions. Should You not wish to receive any of Our email communications, please do not register with Us for eVoter. We do not share Your email with third parties unless legally required to do so, or unless you specifically agree.

4. You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by eVoter. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from eVoter if it is inactive. “Inactive” means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion. In addition, We reserve the right to sign out, terminate, delete or purge Your Candidate Profile or Organizational Profile from eVoter at any time following the relevant election for which payment was made.

5. Our customer service employees are here to make your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your membership and You shall not be entitled to the refund of any payments We have received from You. We are entitled to investigate and terminate Your membership if You have misused eVoter or behaved in a way which could be regarded as inappropriate, unlawful or illegal.

The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:

You will not harass or impersonate any person or entity.
You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of eVoter or its contents.
You will not express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent.
You will not interfere with or disrupt eVoter, Our servers or networks.
You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained on eVoter or forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through eVoter.
You will not use meta tags, code or other devices containing any reference to Us or eVoter in order to direct any person to any other website for any purpose, other than links which We have agreed.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of eVoter or any software used on or for eVoter or cause or enable others to do so.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

INDEMNITY BY MEMBER

You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities or expenses relating to or arising out of Your use of eVoter, including:

(1) Your breach of this Agreement; (2) any allegation that any materials that You submit to Us or transmit to eVoter infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (3) Your activities in connection with eVoter. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

RELEASE

If You have a dispute with one or more of Our Members, you release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

ONLINE CONTENT

Opinions, advice, statements, offers, or other information or content made available through eVoter, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON EVOTER OR TRANSMITTED TO MEMBERS.

USERS ARE CAUTIONED THAT OUR GENERAL POLICY IS NOT TO EDIT OR CENSOR CANDIDATE PROFILES OR ORGANZATIONAL PROFILES. SUCH PROFILES ARE PAID POLITICAL SPEECH AND ARE SUBJECT TO CERTAIN GUARANTEES UNDER THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION. YOU AGREE THAT YOU ARE USING EVOTER TO VIEW SUCH POLITICAL SPEECH AND THAT WE ARE NOT RESPONSIBLE FOR ANY OFFENSE OR DAMAGE CAUSED BY THE CONTENT OF A CANDIDATE PROFILE OR ORGANZATIONAL PROFILE WHICH YOU MAY VIEW WHILE USING EVOTER.

INTELLECTUAL PROPERTY

All intellectual property rights in and to eVoter are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in eVoter are the property of their respective owners.

PRIVACY

The personal information (including sensitive personal information) You provide to Us will be stored on computers and/or servers. You consent to the use of this information to create Your sample ballot and to measure website metrics and to allow You to participate on eVoter. You also agree to read, review, comply with, uphold and maintain Our Privacy Statement and the terms and conditions thereof. If you are located outside of the United States, please note that the information that you provide is being sent to the United States. By becoming a Member of the Service, you consent to your data being sent to the United States and to such other third parties and jurisdictions as may be involved in the provision and operation of eVoter.

DISCLAIMERS

WE PROVIDE THE SERVICE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT EVOTER WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN EVOTER WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.

Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of eVoter by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials through the Service and that You may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Service. Those others may use your information for purposes other than what You intended. We are not responsible for the use of any personal information that You disclose on eVoter. Please carefully select the type of information that You post on eVoter or release to others.

WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF EVOTER OR OTHERWISE.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE EVOTER, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR EVOTER DURING THE TERM OF YOUR MEMBERSHIP. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF EVOTER, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER MEMBER OF EVOTER.

COMPLAINTS

To resolve a complaint regarding eVoter, You should first contact Our customer service department by clicking here or by calling toll-free (866) 976-0555.

DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of Miami-Dade County, Florida, with regard to any and all claims by you arising out of or related to eVoter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

WAIVER AND SEVERABILITY OF TERMS

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such case, the other provisions of this Agreement shall remain in full force and effect.

You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement and our Privacy Policy.

Terms and Conditions of eVoter (v4) Nov 1st 2009