Terms and Conditions
VOTERBUZZ® APPLICATION AND PRODUCTS TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS APPLICATION AND TO THE PRODUCTS. YOU AGREE TO CHECK FOR UPDATES TO THESE TERMS AND CONDITIONS OF USE. BY USING THIS APPLICATION OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS APPLICATION OR THE PRODUCTS.
VoterBuzz™, LLC ("VoterBuzz™") provides campaigns, committees and organizations with a variety of products and related tools and resources including:
- VoterBuzz™ mobile application for iPhone, iPad and Android
- VoterBuzz™ web site
In addition to the products described above, VoterBuzz™ provides a variety of related offerings and services. Any related offerings and services are referred to in these Terms and Conditions of Use as the "Products."
VoterBuzz™'s Products may not be used for the sending of unsolicited messages (sometimes called "spam") or for the hosting of illegal or prohibited content.
The following are the terms and conditions of use for access to this application and use of the Products. By clicking the ‘I accept' button on the sign-up page, by logging in to your VoterBuzz™ account, by accessing this application or by accessing the VoterBuzz™ services via any interface, you accept these Terms and Conditions of Use.
1. Copyright and Trademark Information
Copyright © 2011 VoterBuzz™, LLC. All Rights Reserved.
This application, and the information which it contains, is the property of VoterBuzz™ and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, "VoterBuzz™" and the VoterBuzz™ logo are registered trademarks of VoterBuzz™ under the applicable laws of the United States and/or other countries. Other VoterBuzz™ product or service names or logos appearing in this application are either trademarks or registered trademarks of VoterBuzz™ and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of VoterBuzz™'s trademark or other intellectual property rights concerning that name or logo.
2. Products – Terms and Conditions
If you are accessing or using the Products through a third-party service or application (a "Third-Party Service"), you agree and acknowledge that VoterBuzz™ is not responsible or liable for any actions of such third party or for any results from usage of such Third-Party Service. You acknowledge that use of such Third-Party Service is at your own risk. You further agree and acknowledge that VoterBuzz™ may terminate such Third-Party Service's ability to interact with the Products at any time, with or without notice, and in VoterBuzz™'s sole discretion, with no liability to you or to the third party.
3. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement, you hereby represent, acknowledge and agree that:
- The VoterBuzz™ Product will be subject to monthly subscription fees. For more information on fees, see Section 4 below and the Fee Schedule.
- The Products may not be used for the sending of unsolicited messages (sometimes called "spam").
- The Products may only be used for lawful purposes.
- The Products may not be used for hosting content, including images and documents, that infringes on the intellectual property rights of others, including copyright, trademark and patent infringement, or that includes any obscene or libelous material or other material that violates any applicable law or regulation.
- You agree you will not access or otherwise use third-party mailing lists or otherwise prepare or distribute unsolicited messages in connection with the Products.
- You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey or register for an event is not consent to receive correspondence from you unrelated to such survey or event. For respondents to your surveys or registrants to your events, consent to receive other correspondence from you is evidenced by the respondent or registrant opting into the "Join My Mailing List" link in the course of responding to your survey or registering for your event. You hereby covenant that you shall not use any other lists in connection with your use of the Products.
- You acknowledge and agree that not all messages sent through use of the Products will be received by their intended recipients.
- You will comply with the restrictions on content of email messages and activities using the Products as set forth or referenced in this Agreement.
- In your use of the Products, you agree to represent you, your committee, or your organization accurately and will not impersonate any other person, whether actual or fictitious.
- You agree to not interfere with or disrupt this application or any related VoterBuzz™ applications or servers or networks connected to this application or any related VoterBuzz™ applications.
- If you are accessing or using the Products through a Third-Party Service, you will abide by this Agreement regardless of anything to the contrary in your agreement with such third party. You shall not use such Third-Party Service to avoid the restrictions set forth in this Agreement.
4. Fees and Payment; Fee Schedule; Free Trial
4.1 Fees for the VoterBuzz™ Application Product. You will be subject to monthly subscription fees in accordance with the Fee Schedule4 and related information (the "Fee Schedule"). The fees are based on the highest number of voters in your district/voting area at any time during the previous month. For purposes of this Agreement, each unique registered voter will count as one subscriber or contact. You will be required to submit payment (on a monthly basis) in advance for the Product (unless you have already provided payment or means of payment, such as credit card information or you have paid at least six (6) months in advance by means of a check) and may purchase, in advance, a monthly subscription for the Product. Access to the Product will be disabled until payment is received. Fees will be billed monthly or your pre-paid account will be debited monthly for the Product, even if you are not actively using the Product.
4.2 Fees for Related Offerings and Professional Services. If selected by you, you will also be billed for related offerings and services, in accordance with the Fee Schedule. In addition, you may also purchase professional services to assist you with your account. Any professional services purchased by you are subject to this Agreement.
4.3 Fee Schedule; Discounts. You are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by VoterBuzz™ and any applicable discounts. The Fee Schedule, including subscriber or contact levels, prices and any discounts, is subject to change at any time in VoterBuzz™'s sole discretion. VoterBuzz™ will use good faith efforts to notify you prior to the effectiveness of any significant change to the Fee Schedule. If you receive special discounts through a marketing partner, those discounts may not be available if you cease to continue to be a customer of the marketing partner, in which case VoterBuzz™'s standard rates will apply. VoterBuzz™ may rely on information provided by the applicable marketing partner, if any, with respect to the status of your account.
4.4 Payment; State and Local Sales Tax. Payment for Products will be made by a valid debit or credit card (hereinafter collectively referred to as “credit card”) accepted by VoterBuzz™. Checks will be accepted for prepayments of at least a six (6) month subscription. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit card for payment, you hereby authorize VoterBuzz™ to charge your credit card for such amounts on a regular monthly basis, and continuing until such time as your account is terminated. If VoterBuzz™ is for any reason unable to effect automatic payment via your credit card, VoterBuzz™ will attempt to notify you via email and your VoterBuzz™ account will be disabled until payment is received. Amounts paid for the Products, including prepayments, are not refundable. VoterBuzz™ is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where VoterBuzz™ maintains a physical presence. VoterBuzz™ determines your local taxing jurisdiction based on the billing address that you list in the "My Account" section of your account.
4.5 Event Registration Fees. If you choose to collect fees related to your event, you are responsible for the collection and administration of such fees. You may elect to process payments through PayPal®, which VoterBuzz™ makes available for your use. Your use of the PayPal service is subject to PayPal's applicable terms and conditions of use. VoterBuzz™ is not affiliated with PayPal, is not an agent of PayPal and is not responsible for the actions or performance of PayPal. By using the PayPal service, you expressly relieve VoterBuzz™ from any liability arising from your use of the PayPal service. VoterBuzz™ does not hold your funds or those of your event registrants at any time. You are responsible for any refunds associated with your events.
4.6 Fees. VoterBuzz™ offers you the competitive rate of 4% on all transactions processed for contributions and ticket sales using the VoterBuzz™ application through our merchant account and gateway at Authorize.net. We reserve the right to change this rate at any time. In the event of such a rate change, we will notify our customers as soon as practicable after the change.
Example of fee: $50 contribution will be charged $2
5. Disclaimers, Permission Practices, Image Hosting and Prohibited Content
5.1 Footers. With respect to every message sent in connection with the Products, you acknowledge and agree that VoterBuzz™ may add an identifying footer stating "Email Marketing by VoterBuzz™," "Powered by VoterBuzz™" or a similar message.
5.2 Disclaimers. All hosted profiles for candidates, campaigns or committees must have a legal disclaimer which is set by federal, state, or local laws.
5.3 Documents and Images. Documents and images hosted by VoterBuzz™ on VoterBuzz™ controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by VoterBuzz™, VoterBuzz™ hereby grants to you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Products.
5.4 Prohibited Content. VoterBuzz™ prohibits the use of the Products or application by any person or entity that:
- Provides, sells or offers to sell any of the following products or content (or services related to the same): (i) pornography or illicitly pornographic sexual products, including, but not limited to, magazines, video and software; (ii) escort services; (iii) dating services; (iv) adult "swinger" promotions; (v) illegal goods; (vi) illegal drugs; (vii) illegal drug contraband; (viii) pirated computer programs; and (ix) instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Displays or markets material that exploits children, or otherwise exploits children under the age of eighteen (18).
- Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including, but not limited to, health and sexual well-being products, work at home businesses, credit or finance management, including, but not limited to, credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including, but not limited to, poker, casino games, horse and dog racing and college and pro sporting events.
- Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
- Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor).
- Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
- Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting “get rich quick,” "build your wealth" and "financial independence" offerings.
- Engages in any libelous, defamatory, scandalous, threatening, or harassing activity.
- Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
- Markets to third party voter registration lists.
- Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.5 Right to Disable Access or Remove Content. VoterBuzz™, at its own discretion, may immediately disable your access to the Products or remove all or a portion of your content, without refund, if VoterBuzz™ believes in its sole discretion that you have violated any of the policies listed above or this Agreement.
6. VoterBuzz™ Profile
You agree that you are responsible for your own use of the VoterBuzz™ Application, for any posts you make, and for any consequences thereof. You agree that you will use the VoterBuzz™ Application in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. You agree to abide by the VoterBuzz™ Application Terms and Conditions of Use and the rules and restrictions therein. The VoterBuzz™ Application Terms and Conditions of Use are incorporated by reference into this Agreement. VoterBuzz™ may, in its sole discretion, modify or revise the VoterBuzz™ Application Terms and Conditions of Use at any time, and you agree to be bound by such modifications or revisions. Violation of any of the foregoing, including the VoterBuzz™ Application Terms and Conditions of Use may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. VoterBuzz™ reserves the right, but shall have no obligation, to investigate your use of the VoterBuzz™ Application in order to: (i) determine whether a violation of the Agreement has occurred; or (ii) comply with any applicable law, regulation, legal process or governmental request. Much of the content of the VoterBuzz™ Application, including, without limitation, the contents of specific postings, profiles and images, is provided by and is the sole responsibility of the person or people who made such postings. VoterBuzz™ does not regularly monitor the content of the VoterBuzz™ Application, so please review the VoterBuzz™ Application Terms and Conditions of Use for acceptable behavior in the VoterBuzz™ Application. The VoterBuzz™ Application is intended to provide VoterBuzz™ customers with the opportunity to exchange useful information. VoterBuzz™ does not edit any postings, and does not pre-screen or review every posting. You agree that VoterBuzz™ is not responsible for the content of any postings in the VoterBuzz™ Application and has no duty to correct any erroneous statements on any part of the VoterBuzz™ Application.
7. Restrictions and Responsibilities
7.1 No Rights in Software. This is an Agreement for services and access to this application, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.
Unless you are an authorized reseller of the Products, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with the Products or the Software, or any content, including, but not limited to, newsletters, distributed to you by VoterBuzz™ in connection with the Products. Violation of these restrictions may result in the termination of this Agreement.
7.2 Permitted Use of the Products. The Products shall be used for your internal campaign/committee business (which includes civic or charitable) purposes only, and you shall not use the Products or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using the Products in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that VoterBuzz™ perform such work at its standard professional services rates. VoterBuzz™, in its sole discretion, can then decide either: (i) to perform the work in order to achieve such interoperability and charge its then standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (iii) provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
7.3 Compliance with Laws; Monitoring. You expressly agree to use the Products only in compliance with this Agreement, the federal CAN-SPAM Act of 200311 and regulations thereunder and all other applicable U.S., state, local and international laws (including, but not limited to, policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although VoterBuzz™ has no obligation to monitor the content provided by you or your use of the Products, VoterBuzz™ may do so and may block any messages, remove any such content, including surveys or event registrations, or prohibit any use of the Products that VoterBuzz™ believes may be (or is alleged to be) in violation of the foregoing.
7.4 Your Information. In using the varied features of the Products, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to VoterBuzz™. VoterBuzz™ may use this information and any technical information about your use of the Products to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you accessed the Products as a result of solicitation by a marketing partner of VoterBuzz™, VoterBuzz™ may share your information with the marketing partner and the marketing partner may share related information with VoterBuzz™. Except as described above, VoterBuzz™ will not provide your information, including your contact and account information, to third parties who you have not authorized to receive such information, except: (i) as required by law or court order, including, without limitation, judicial process and law enforcement, or in the good-faith belief that such action is necessary to comply with law or a court order; or (ii) if your VoterBuzz™ account was terminated due to unsolicited messages being sent from your VoterBuzz™ account. VoterBuzz™ will never sell or rent your contact lists to anyone without your permission, and will never utilize your subscriber or contact list for internal marketing or promotional purposes or for any purpose other than providing the service. In the event VoterBuzz™ amends or revises the policy described in the immediately preceding sentence, it will provide advance notice of such amendment or revision.
7.5 Intellectual Property Matters. You agree that you will not upload or transmit any contact lists, communications or content of any type to this application or in connection with the Products that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this application or using them in connection with the Products, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to VoterBuzz™ or to any third party using the Products, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to VoterBuzz™ by email, you agree such submission is non-confidential for all purposes. If you make any submission to this application or if you submit any business information, idea, concept, invention or content to VoterBuzz™ by email or use any business information, idea, concept, invention or content in connection with the Products, you automatically grant, or warrant that the owner of such content or intellectual property has expressly granted VoterBuzz™ a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license, with the right to sublicense, to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner. The foregoing license grant shall not apply to your contact lists and the content you deliver to or through the Products ("Customer Information") and you hereby separately grant to VoterBuzz™ a revocable, non-exclusive, royalty-free, worldwide license, with the right to sublicense, to use, reproduce, publish, distribute, perform, and display the Customer Information only as required by VoterBuzz™ to offer and operate the Products and related services, including available offerings from third parties.
7.6 Use of Links - Survey Product. In connection with the Survey Product, you hereby agree that you shall only distribute links to the survey via the Survey Product or as a link on your application.
You may terminate this Agreement at any time by calling VoterBuzz™ Customer Support. There are no refunds for any fees paid. YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT AND VOTERBUZZ IS NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
VoterBuzz™ may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. VoterBuzz™ shall have no liability to you or any third party because of such termination or action.
VoterBuzz™ may delete any of your archived data within (thirty) 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
If your account is classified (at VoterBuzz™'s sole discretion) as inactive for over (one hundred twenty) 120 days, VoterBuzz™ has the right to permanently delete your subscriber data. VoterBuzz™ will use good faith efforts to contact you via email prior to taking any permanent removal actions.
You hereby agree to defend, indemnify and hold harmless VoterBuzz™ and its business partners, affiliates, joint ventures, subsidiaries, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements and expenses (including, without limitation, costs and reasonable attorneys' fees) in connection with any claim or action that: (i) arises from any alleged breach of this Agreement; (ii) arises from the content or effects of any messages you distribute or events you host using the Products; (iii) arises from your activities or postings on the VoterBuzz™ Application; (iv) arises from your activities related to VoterBuzz™ University; or (v) otherwise arises from or relates to your use of the Products or negligent use of same. In addition, you acknowledge and agree that VoterBuzz™ has the right to seek damages when you use the Products for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In addition, In the event that VoterBuzz™ is required to respond to a third party or law enforcement subpoena that is related to your use of the Products, VoterBuzz™ may in its sole discretion require you to reimburse VoterBuzz™ for its reasonable expenses associated with complying with such subpoena.
10. Warranty Disclaimer; Remedies
USE OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU, BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. VOTERBUZZ DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. VOTERBUZZ DOES NOT REPRESENT OR GUARANTEE THAT THE PRODUCTS WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND VOTERBUZZ DISCLAIMS ANY LIABILITY RELATING THERETO. THE PRODUCTS ARE PROVIDED "AS IS" AND VOTERBUZZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for VoterBuzz™ to use commercially reasonable efforts to adjust or repair the Products.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VOTERBUZZ OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "VOTERBUZZ") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF VOTERBUZZ SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, VOTERBUZZ IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF VOTERBUZZ TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY VOTERBUZZ TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
12. Restricted Persons; Export of Products or Technical Data
You hereby warrant that you are not a Restricted Person. For purposes of this Agreement, you are a Restricted Person if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Products is: (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify VoterBuzz™ within twenty-four (24) hours, and VoterBuzz™ shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to VoterBuzz™.
You agree that you shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
13. Third-Party Applications and Services
14. No Implied Endorsements
In no event shall any reference to any third party or third-party product or service be construed as an approval or endorsement by VoterBuzz™ of that third party or of any product or service provided by a third party.
15. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from this application or the Products infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from this application or the Products by contacting VoterBuzz™'s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
VoterBuzz™'s agent for copyright issues relating to this application and the products is as follows:
431 Old Main St., Suite 203
Bradenton, FL 34205
Toll Free: (855) 987-2899
In an effort to protect the rights of copyright owners, VoterBuzz™ maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this application who are repeat infringers.
16. Open Positions on Career Pages
VoterBuzz™ may list open employment positions on the web site. Any such postings are for informational purposes only and are subject to change without notice. You should not construe any information on this application or made available through this application as an offer for employment. Nor should you construe anything on this application as a promotion or solicitation for employment not authorized by the laws and regulations of your locale.
17. Username and Password
You are responsible for maintaining the security of your account, passwords, and files. VoterBuzz™ will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by VoterBuzz™ in its discretion, by email or by phone, or through a Third-Party Service, if any, through which you access the Products. VoterBuzz™ has no knowledge of your organizational structure, if you are registering for the Products as an entity, or your personal relationships, if you are a person. VoterBuzz™ shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password or other appropriate account identifying information
18. Forward-Looking Statements
You acknowledge that this application contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding VoterBuzz™. These forward-looking statements regarding VoterBuzz™ are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of VoterBuzz™ management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond VoterBuzz™'s control. VoterBuzz™'s actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by VoterBuzz™ from time to time with the Securities and Exchange Commission, including, but not limited to, VoterBuzz™'s Annual Report on Form 10-K and Quarterly Reports on Form 10-Q. Past performance is not necessarily indicative of future results. VoterBuzz™ undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
19.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
19.2 VoterBuzz™ and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
19.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind VoterBuzz™ in any respect whatsoever.
20.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
20.5 The Agreement shall be governed by the laws of the State of Florida of the United States of America without regard to its choice or law or conflict of laws provisions and will bind and inure to the benefit of the respective successors and assigns of the parties to this Agreement. Any legal action or proceeding to enforce, construe, or interpret this Agreement shall be subject to: (1) the jurisdiction and venue of the Circuit Court, Twelfth Judicial Circuit, Manatee County, State of Florida (for state actions); and (2) the jurisdiction and venue of the U.S. District Court, Middle District of Florida, Hillsborough County, State of Florida (for federal actions).
If you have any questions about the rights and restrictions above, please contact VoterBuzz™ by email at firstname.lastname@example.org.
Copyright © 2011, VoterBuzz™, LLC. All Rights Reserved.
Revised September 2011