Effective date: February 24, 2020
Last updated: January 15, 2021
Description of website
Changes to terms and offerings
This Agreement may change from time to time. The products and services provided through the Platform may also change. All changes are effective immediately upon being posted. Your continued use of the Platform after we make changes is deemed to be acceptance of those changes, so please check back periodically for updates.
ACCEPTANCE OF TERMS AND CONDITIONS
BY COMPLETING THE REGISTRATION PROCESS, DOWNLOADING, ACCESSING, OR USING THE PLATFORM, YOU EXPRESSLY (A) ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY; AND (B) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND BE HELD LIABLE FOR ANY NONCOMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THE PLATFORM PROMPTLY AND DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE PLATFORM.
Who may use the platform
To use the Platform, you agree that you: (1) are at least the “Minimum Age” described below; (2) have the authority to enter into this Agreement if you are doing so on behalf of a company, government agency, or other organization; and (3) will use the Platform in compliance with this Agreement and all applicable laws. “Minimum Age” means 13 years of age unless local law requires that you must be older in order for you to use the Platform or any of the VoteAmerica services without parental consent (including use of your personal information), then the Minimum Age is the older age of consent applicable in your jurisdiction.
Your registration information
When you use the Platform, you agree to: (1) use the same name you use in everyday life; (2) provide accurate and complete information about yourself and update the information to keep it accurate and complete; (3) create and deploy a strong and secure account password (if one is requested); (4) keep your password (when one is requested) secure and confidential; (5) not transfer your password to anyone else without our written permission; and (6) follow this Agreement and all applicable laws.
Communications with VoteAmerica
You agree that we may provide notices and messages to you in the following ways: (1) within the Platform or services provided by VoteAmerica; (2) sent to the contact information methods you provide us (e.g., email, mobile number, or physical address, etc.). You agree to keep your contact information up to date in your account so that we may reach you when needed. Please review your settings to control and limit the types of messages you receive from us.
SMS and phone-based communications
- By providing your telephone number, you explicitly authorize VoteAmerica to send (i) SMS text messages from a VoteAmerica shortcode, (ii) prerecorded audio messages (including calls to cellular phones), or (iii) other communications sent by an autodialer to your mobile device.
- SMS message frequency varies. We will send a greater number of SMS messages as Election Day approaches, and fewer messages at other times during the year.
- VoteAmerica’s shortcode is: 48298
- We will send you an SMS message from this short code to confirm that you have authorized us to send you SMS messages.
- You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text "HELP" to the short code. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
- For all questions about the services provided by this short code, you can send an email to email@example.com.
Platform features may include messaging, forums, chat, calendars, and/or other sharing designed to enable you to communicate with VoteAmerica, the public at large or with a group, written information, commentary or other relevant content, photos, video files, audio files, and other materials (“User Content”). Always use caution when giving out any personal information about yourself or other people in any User Content. VoteAmerica does not control or endorse the content, messages or information found in User Content and, therefore, specifically disclaims any liability related to any User Content. VoteAmerica is not responsible for examining or evaluating User Content or the accuracy of any materials you or others post. You agree that VoteAmerica is not obligated to publish any User Content and may remove it in its sole discretion, without notice.
User content guidelines:
You agree to use the Platform communication features only to post, send and receive messages and material that are proper and related to the Platform activities or services of VoteAmerica. By way of example, and not as a limitation, you agree that when using the Platform, you will not share User Content that we consider to be Unauthorized Content such as content that:
- contains illegal material or promotes illegal activities;
- contains threats or is intended to organize acts of violence;
- contains obscene, pornographic, or profane content;
- harasses, embarrasses or cause distresses, unwanted attention, or discomfort to others;
- impersonates any person or entity; or falsely states or otherwise misrepresents your affiliation with any person or entity;
- intentionally omits, deletes, forges, or misrepresents transmission information, including headers, return mailing, and Internet protocol - addresses; or otherwise manipulates identifiers to disguise the origin of any User Content;
- violates intellectual property, privacy or other rights of another party. To be clear, you should never share content that you do not have - the right to share, claim content that you did not create as your own, or otherwise take someone else’s intellectual property or other - rights. You should always attribute materials used or quoted by you to the original copyright owner;
- contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- advertise or offer to sell or buy any goods or services for any business purpose, unless the Platform feature specifically allows such - messages;
- spams others; or
- violates this Agreement, any applicable law or regulation.
Take down policy and copyright
VoteAmerica reserves the right to access, read, preserve, and disclose any of your personal information or User Content as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce this Agreement; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to user support requests; (v) provide the Platform; and (vi) protect the rights, property or safety of VoteAmerica, its users, and the public.
You acknowledge and agree that we retain the right (but not the obligation) to remove any material, including your User Content, if we receive notification claiming the User Content is Unauthorized Content or if we determine, in our sole discretion, that the User Content violates the User Content Guidelines or this Agreement.
VoteAmerica ownership rights and licenses
Please feel free to browse the Platform. From time to time, we may provide you access to certain proprietary documentation, information, software, databases, tools, lists, and other materials (“Materials”). These Materials may only be used as permitted in this Agreement. Except as otherwise noted, all Materials are:
Copyright © VoteAmerica. All Rights Reserved.
IP Generally: The Platform, including all text, logos or graphic images, the Materials and any and all intellectual property associated with the Platform and Materials are the sole property of VoteAmerica, its affiliates or third parties.
Trademarks: There may be a number of proprietary logos, service marks, trademarks, slogans and product designations found on Platform (collectively, “Trademarks”), including but not limited to: the VoteAmerica name and logo. Trademarks displayed on the Platform with links to other sites are the property of the respective owners. By making these Trademarks available on the Platform, we do not transfer any rights or permissions in or to the Trademarks. No Trademark may be used as a hyperlink without prior written permission.
From Us to You: You may use the Platform, Materials and related services for your personal, non-commercial use. This right is limited, non exclusive and personal to you - no other rights or licenses are granted or implied. Accessing and using the Platform, Materials and/or related services does not give you ownership of any of their intellectual property rights.
From You to Us: You retain all ownership rights to, and are responsible for, any User Content you share. When you post User Content, you allow us to use and share the User Content with anyone through any media. This means you grant VoteAmerica a non-exclusive, royalty-free, perpetual, worldwide, transferable and sublicensable right to use, copy, modify, translate, distribute, publish, and process any User Content that you provide through the Platform, without any further consent, notice, accounting, and/or compensation to you or others. Because you own your User Content and we only have non-exclusive rights to use it, you may choose to make your User Content available to others as you choose.
THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS PLATFORM IS A VIOLATION OF LAW.
- When you use the Platform or any Materials, you agree not to do any of the following (“Unauthorized Use”)
- misrepresent your identity;
- misrepresent your affiliation with any person or entity, including VoteAmerica;
- share your password or otherwise put your account at risk;
- use or attempt to use another user’s account;
- engage in contact mining, soliciting email addresses or other personal information, or creating spin-off
- promotional communications using information from any User Content, Materials or other VoteAmerica resources;
- develop, support, or use software, devices, scripts, robots or another means to access the Platform, redirect information, scrape the - Platform or otherwise copy profiles or other data from the Platform;
- override any security feature or bypass or circumvent any access controls or use limitations of the Platform;
- reverse-engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related - technology that is not open source;
- post, disseminate, or transmit any User Content you do not have the right to post, disseminate, or transmit;
- interfere with, disrupt, or harm in any way the Platform or servers or networks connected to the Platform;
- monitor Service availability, performance or functionality;
- engage in “framing” or “mirroring” or otherwise simulating the appearance or function of the Services;
- access, tamper with, or use non-public areas of the Platform, or servers or networks connected with the Platform;
- use the Platform for any illegal purpose, or in violation of this Agreement, any applicable laws or regulations, or in violation of the rules of any other sites
You may only use the Platform on devices that you own or control and that are free of all potential malware. Devices that have been “jail broken” may not be used. When remotely accessing the Platform, you must do so using a vetted, known wireless connection. If that is not available, the devices must exclusively use cellular networks. You may not access the Platform using unknown, unsecured wireless access points.
Donations to VoteAmerica
We are grateful for your donations and support, which help VoteAmerica work toward its goal of increasing voter participation across the United States. All donations to VoteAmerica are processed via ActBlue.
Third party sites
The Platform provides links to other websites and applications (“sites”) that we hope you will find helpful. You are responsible for deciding if you want to access or use any sites that links from our Platform. If you allow a site to authenticate you or connect with you through the Platform, that site may be able to access information on the Platform that’s related to you. Sites have their own legal terms and privacy policies, and you may be giving others permission to use your personal information in ways that we would not use it. We do not control the material presented on the sites and are not responsible for these sites in any way – use these at your own risk.
The Platform, Materials or any information in these may contain technical inaccuracies, typographical errors, and out-of-date information. VoteAmerica makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and makes no warranty that the Platform will meet your requirements. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND ANY MATERIALS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT YOUR USE OF THE PLATFORM, MATERIALS, OR USER CONTENT ARE AT YOUR OWN DISCRETION AND SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. This waiver of warranties will not apply in states that do not permit the exclusion of implied warranties.
LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VOTEAMERICA BE LIABLE FOR PERSONAL INJURY, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS, LOST INCOME OR REVENUE, LOSS OF USE, LOSS OR DESTRUCTION OF DATA AND/OR USER CONTENT, STATEMENTS OR CONDUCT OF ANY THIRD PARTY, LOSS OF BUSINESS OPPORTUNITY, COST OF SUBSTITUTE GOODS, BUSINESS INTERRUPTION, OR ANY OTHER MATTER RELATING TO THE PLATFORM WHETHER OR NOT WE ARE AWARE OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE.
VOTEAMERICA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR SOLE REMEDY AGAINST US IS TO STOP USING THE PLATFORM OR MATERIAL. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE YOU AND VOTEAMERICA AND VOTEAMERICA AND WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THIS LIMITATION OF LIABILITY.
THE FORGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.
For any claim brought by any party, you irrevocably consent and submit to the exclusive jurisdiction of the state courts located within San Francisco County, California and/or the federal courts located in the Northern District of California (collectively, the “Courts”). Except for claims subject to binding arbitration, as provided below, venue for any claim brought by any party shall exclusively lie in the Courts. You agree that any dispute or claim that you bring against VoteAmerica arising out of or in connection with this Agreement will only be adjudicated by (i) arbitration by a single arbitrator in San Francisco, California and in accordance with the rules of the American Arbitration Association; or (ii) in the small claims court located in San Francisco County, California (if your claim so qualifies). ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT OTHER THAN A SMALL CLAIMS COURT. If you elect to file a small claims court action or to seek arbitration, you must first send a written notice of your claim to VoteAmerica by Certified Mail and allow fifteen (15) days for the VoteAmerica to respond before filing your claim. This notice must be addressed to:
VoteAmerica Attn: Debra Cleaver 845 Market Street, Suite 450 San Francisco, CA 94103
Any action based on a breach of any provision of this Agreement by you may be brought by VoteAmerica to the Courts. Notwithstanding the foregoing, VoteAmerica may seek injunctive relief at any time.
To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use the Platform, or when you cease using the Platform and all associated Materials. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of this Agreement, we may terminate this Agreement and your Access to the Platform at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Platform (or any part thereof).
By choosing to visit the Platform, you agree that any dispute arising out of your use of the Platform or Material will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof.
Compliance with laws
You agree that you will not use the Site, or services provided on or through the Site, for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or services provided on or through the Site, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or services provided on or through the Site in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.
You may not assign your rights or obligations under this Agreement without the prior express written consent of VoteAmerica.
Invalidity of provisions
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by VoteAmerica to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
If you have any questions or comments about this Agreement, please contact us by email at: firstname.lastname@example.org. You also may write to us at:
VoteAmerica Attn: Debra Cleaver 845 Market Street, Suite 450 San Francisco, CA 94103